Loading...
HomeMy WebLinkAboutCity Council - 12/19/1978 ad . /'' , EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 19, 1978 7:30 PM, CITY HALL r � COUNCIL MEMBERS: ; Si', , Mayor Wolfgang Penzel, Billy Bye, Joan 1 Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAF ^( ,A f), City Manager Roger Ulstad; City Attorney i� f Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of 'q Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary IN + °fl PLEDGE OF ALLEGIANCE ROLL CALL - APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ,,1 Ay, : - II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 23, 1978 Page 2944 ..,: III. CONSENT CALENDAR, /ft"- .n % L - 6 • A. Clerk's License List Page 2954 B. Set Public Hearing for removal of diseased trees on private Page 2955 property for February 6, 1979 C. Set Public Hearing for Round Lake Estates for February 5, Page 2961 1T79 ". IV. PUBLIC HEARINGS y A. Bluff's West 2nd Addition by Hustad Development Corporation, Page 2962 f " Dr. & Mrs. Brandt, and B.F.I. Request for rezoning from Rural !W 1 1 Y' to R1-13.5 on 97-acres eso ution No. 78-154 and Ordinance No. l�F 10 1 78-41) Continued Public Hearing from December 5, 1978 io 4 4hrift-Way Stores, request by Mr. Salzburg to rezone 5.409 acres from Hwy.-Comm. and Rural to Commercial-Regional Service ` for a grocery store. The site is�ocated on the north side Cl ' of West /8th Street and south of Leona Road (Ordinance No. /v, N 78-55) Continued Public Hearing from December 19, 1978 f'`I /5 Planned Sty, recommendation on reinstatin rojerties in Page 2964 �p-ir /" SW, SE and NE quadrants back into Planned Study rdinance 5 No. '78-24) .tyl' V. REPORTS OF ADVISORY COMMISSIONS . A. Development Con mission - Report from Chairman Dean Edstrom on Page 2970 the Eden Prairie Foundation. VI. ORDINANCES & RESOLUTIONS Ar 2nd Readinc of Ordinance No. '8-31, rezoning from Rural to RM 6.5 Page 2972 VI , '': for Prairie East 7th and developers agreement `+s '/i. • City Council Agenda - 2 - Tues.,December 19, 1978 B. Resolution No. 78-228, granting-preliminary approval for MIDB`s Page 2980 for United Properties Ia., _ . _ 4 . * C. 2nd Reading of Ordinance No. 78-46 licensing and regulating Page 2987 the use and sale of i t xicating liquor VII. REPORTS OF OFFICERS, BOARDS & COVMISSIONS A. Reports of Council members ( Councilwoman Sidney Pauly - Resolution No. 78-232, recommending Page 2969 the appointment of Edwar. Hjermstad to the Metropolitan Transit CoruissJon 6. sport of City Manager , Adjustment to the 1979 Budget Page 2990 2 Federal Wage and Price Guide Lines Page 2991 C Report of City Attorney D. Report of Director of CommuniV Services Y Park D at n Ordinan „„(07piace No. 78-229) Page 2995 tche11 Lk 'Park Ootlon Page 3004 E. Report of City Engineer asyy. $-.1. Consider bids for public works maintenance equipment Page 3006 2. Final plat approval for Mitchell Lake Estates (Resolution Page 3008 al —6 S"/Y1 No. 78-230) Change Order No. 1, I.C. 51-320, Eden Road sanitary Page 3010 _ _sewer contract; Northdale Construction Company • �F. Report of Finance Director 1. Payment of Claims Nos. 2433 - 2621 Page 3013 2. Adjustments-to the 1978 Budget (Resolution No. 78-231) Page 3017 VIII. NEW BUSI S U. ADJO ._.;. 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL . TUESDAY, NOVEMBER-21, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary' INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. _ , I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: • A. Joint Powers Agreement with the Minnesota Department of 'transportation B. Oral report on Ridgewood Condominiums/Ban Con Development Corporation C. Memo from Staff regarding membership in the Eden Prairie Historical Society D. Letter from Ehlers & Associates on Housing Finance Bonds MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 1978 Pg. 3, 4th para., 6th line, strike "estate". MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the October 17, 1978 Council meeting as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Set Public Hearing for Thrift-Way Stores, rezoning from Rural & C-Highway to Commercial-Regional-Service, for December S, 197$. MOTION: Osterholt moved, seconded by Meyers, to approve item "A" on the Consent Calendar. Motion carried unanimously. aggq Council Minutes - 2 - Tues., November 21, 1978 IV. PUBLIC HEARINGS A. Bluff's West 2nd Addition by Hustad Development Corporation, Dr. & Mrs. Brandt and B.F.I. Request for rezoning from Rural to R1-13.5 on 97 acres (Ordinance No. 78-41 and Resolution No. 78-154) Continued Public Hearing from October 17, 1978 City Manager Ulstad stated City Staff as of this date has not developed a proposal or recommendation for the Council to consider relative to the acquisition of a park site in the area under consideration. However, Staff has been visiting with the proponents during the week. Dick Putnam, Hustad Development Corporation, explained the plan for Bluff's West 2nd Addition is essentially the same as proposed on October 17, 1978. The concerns raised by the Council involved the • percentage of lots that would be under 13.5 which was proposed to be 24 to 25%. Hustad would move to reduce this percentage if in fact the plan in this state or a modified state were approved. The biggest question evolved around the park, and Mr. Putnam stated he could not answer this concern as this was to be negotiated between the City and BFI. Penzel requested that Mr. Putnam comment on the Council's concern of a potential combination of the two tot lot sites into a more centrally located single site. Putnam replied what he heard at the last Council meeting was feeling on both ways, and that Hustad would propose it as two tot lot sites. Meyers recalled at the last Council meeting Mr. Osterholt requested an overall map showing the general development scheme for the entire area of the community from Homeward Hills and Pioneer Trail down to Riverview Road and Highway No. 169, and questioned if this had been accomplished. Mr. Putnam displayed a concept plan for the area which thus far has only been used inhouse. After reviewing the concept plan, Osterholt stated it is more apparent now than ever the City should have some understanding as to what is going to happen regarding the park site that will have to serve the number of homes as referred to by Mr. Putnam, and we have not come to an understanding as yet. Lambert stated he has not talked to BFI since he received their quote of $10,000 an acre, and decided not to contact them until he has the appraisal or something to negotiate from. Lambert explained he talked to Mr. Putnam and Mr. Ostenson of Hustad Development Corporation last week about the possibility of considering taking land rather than cash park fee in the Bluffs West 2nd; however, it all got back to how much is the land worth. It was decided this too had to wait until we receive the appraisal. Osterholt commented he would like to have the appraisal before making a decision, and also would like to see a more definitive overall plan for the area. Penzel agreed as the Council has asked consistently for the last two months that a reasonable and well-reasoned.response be made to the request regarding a park site, and he does not believe that has been forth- coming as yet. Penzel concurred with Mr. Osterholt that it would not be appropriate for the Council to take final action on this request this evening. �j 1/ .6 • • Council Minutes - 3 - Tues.,November 21, 1978 A. Bluff's West 2nd Addition (continued) Meyers referred to item which has been in the news the last few days regarding the concern from landfill sites around the country and the knowledge that there are illegal and dangerous waste being disposed of in landfill areas. There is a community close to Niagara Falls where recently many homes had to be evacuvated because now after a short period of years the toxic chemicals are leaching through the soils and the ground water and have contaminated this area and are making people very ill. In a report on the radio this evening the Federal Environmental Protection Agency has just checked some 600 plus landfills throughout the country and found that everyone of them is causing toxic contamination through the ground and water supplies. Meyers stated she does not know if this report included the landfill in Eden Prairie. Further if there are water problems at the landfill and storm ponding areas necessary to prevent washouts and runoff, Meyers wondered if sometime before final action is taken on this proposal if staff could check this out to see if there is a hazard in allowing develop- ment in this area. Jullie responded the Metropolitan Waste Control Commission has done some study in this area and they have identified leachate as a problem and are trying to come up with a program of surface covering that would be impervious to prevent surface water from filtering down through and leaching out of the landfill. Jullie stated he would research this problem as requested by Councilwoman Meyers and would report back to the Council. MOTION: Pauly moved, seconded by Osterholt, to continue the Bluff's West 2nd Addition to the December 1978 Council meeting. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Charlson Estates by Lynn Charison, request to preliminary plat 60 acres into 10 lots for single family development an Rural Zoning. Site is located west of Eden Prairie Road and east of Riley Creek (Resolution No. 78-212) Richard Sathre, P.E., McCombs-Knutson Associates, Inc., representing Lynn Charlson, spoke to the request for preliminary plat and stated they will direct the runoff away from the slopes. City Planner Enger explained the preliminary plat for Cheri son Estates, along with the Environmental Assessment Worksheet, were reviewed at the October 23, 1978 Planning Commission meeting and the request for preliminary plat was recommended for approval on a unanimous 7 - 0 vote. It was also reviewed by the Parks, Recreation & Natural Resources Commission on November 6, 1978 and received a recommendation of unanimous approval. Both approvals were contingent on the October 16, 1978 Planning Staff Report which Mr. Enger reviewed with the Council. Bye stated this is a fine project and he is pleased to see the southwest area show some signs of being developed. However, Bye commented, the proponents are looking at 5 acre tracts and he doesn't want the Council until the update of the Guide Plan to completely zero in or set a precedent that this is the acreage needed to build on in Rural zoning. µ„i Council Minutes - 4 - Tues.,November 21, 1978 A. Charlson Estates by Lynn Charlson (continued) • Osterholt explained there has been some discussion at previous meetings where it was suggested we have minimum side yard setbacks, and wondered if in larger lot situations we could't have a limitation to where the home would be built within a certain distance of a lot line. Sathre responded if he were building there, he doesn't think he would build on either end, but would look at a plan and try to build on a lot. He would want to stay on the middle of his property more than on the end. Sathre stated there is enough flexibility in these lots so the lines could be moved somewhat. Does not think in large 5 acre pieces it is that critical. Bye noted the Council has not made a judgement as to the proper size requirements outside of the M.U.S.A. line,and asked if it were 2 1/2 acres would this change the proposed plat? Sathre answered in the affirmative. Bye stated he would not like the Council to grant this request if this would set in effect an ordinance because we granted the request. Penzel explained property division is always possible as long as you are not trying to violate existing ordinances. We are not talking about adopting an ordinance this evening, we are talking about permitting a plat in a rural zone - no change in the zoning characteristics of the property, just a subdivision of land. Should that criteria for that subdivision under a new ordinance in the future change, then that same property would be eligible for such a subdivision again. MOTION: Bye moved, seconded by Meyers for purposes of discussion, to adopt Resolution No. 78-212, approving the preliminary plat for Charlson Estates. Meyers asked the following questions: 1) What is the size and purpose of Outlot "A"? 2) Are the Shoreline requirements met? 3) Staff recommends a 300 foot scenic easement, but the report itself calls for a 860 elevation - is it going to be one or the other, and which one? Sathre responded to the first question raised by Meyers. The proponents have not spoken to Outlot "A" specifically. It would be best combined for future development with land to the north and west. It would be held now until it is conveyed to somebody. _ Enger responded to questions 2 and 3 raised by Meyers: The proponents do meet the guidelines of the Shoreline Management Act. The creek would be considered a general development water and residential units on private septic systems would be required to be 200 feet back from the creek and they are in excess of 200 feet. The scenic easement and dedication would certainly take care of that. The scenic easement would require they be 300 feet back. Above and beyond that the acreage requirements of the Shoreline Management Act is 1 acre for a private system adjacent to a general development water. They are in excess of what they need to be for the Shoreline Management Act. The intent is to have the scenic easement 300 feet from the center line of the creek. Meyers asked that the following be added to the,recommendations: "That the deadend streets be signed as future through streets because these are the ones that come in 10, 12 and 15 years later that the City has the most trouble with." 29 . Council Minutes - 5 - Tues.,November 21, 1978 A. Charlson Estates by Lynn Charlson (continued) Clarence Brandell, who is interested in an 8 acre tract close to the area under consideration, expressed concern about the 300 feet of scenic easement along the creek as he wouldn't have any land left. Enger replied the intent of the 300 foot scenic easement was not just to take a 300 foot swath, it is more related to the steep wooded character of the • slope. Wes Laseki, property owner, commented he is not sure what the 300 feet of scenic easement does except cause confusion for prospective purchasers of land. He believes the Council would he setting a serious precedent for himself and future prospective landowners with the 300 foot scenic easement. What this does is tell the marketplace that out in Eden Prairie you have a 300 foot requirement and it is going to diminish the value of land that follows the creek. Laseki further questioned how will the City describe the 300 foot easement in the resolution. Enger responded the 300 foot easement applies to the steep slopes and Staff feels that the steep slope in most cases was fairly unbuilda:ble anyway. Osterholt stated he doesn't think the Council should take action on this matter until some of the facts have been determined as to whether we are within our rights and that due process is being followed. City Attorney Pauly explained we have some distinction in this matter between • concept of taking and the concept of giving, and the proponents of this plat apparently are in agreement with the dedication of the 100 feet on either side of Purgatory Creek, the creation of covenants and restrictions running with all of the land, and also with respect to the scenic easement of the 300 feet. There won't be any taking in the sense that the proponents are voluntarily agreeing to impose those conditions, so we don't really have a question as to taking here with respect to this property so long as the proponents acquiesce. This is an action on this particular property, it is not in the form or guise of an ordinance. At the time these other gentlemen come in to develop their property, they may or may not acquiesce. The platting under consideration should not serve to create a precedent. Bye requested Resolution No. 78-212 be amended as follows: Strike all language in the 4th line beginning with "hereto" to the 7th line through "and". Council members concurred with Bye's amendment. Meyers called the previous question. • VOTE ON MOTION: (Resolution No. 78-212 as amended). Bye, Meyers, Pauly and Penzel voted "aye", Osterholt "abstained". Motion carried. • MOTION: Pauly moved, seconded by Bye, to direct Staff to draft a developers agreement incorporating recommendations of the October 16, 1978 Staff report and Meyers recommendation that the deadend streets be signed as future through streets. Motion carried. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-227, approving the Environmental Assessment Worksheet for Charlson Estates. Motion carried unanimously. ,2948 Council Minutes - 6 - Tues.,November 21, 1978 B. Re uest from Suburban National Bank for an ei hteen month extension on their a reement or the r utobank at 1401 West 8th Street City Manager Ulstad spoke to request as outlined in Mr. Terwilliger's • communication dated November 10, 1978. MOTION: Osterholt moved, seconded by Meyers, to approve the request from Suburban National Bank for an eighteen month extension on their agreement for their Autobank at 11401 West 78th Street as per communication from Roy Terwilliger, President of Suburban National Bank, dated November 10, 1978. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. Resolution No. 78-213 rantin relimina a royal for M10B's for Eden hills Company • City Manager Ulstad explained the proponents called this afternoon and requested that this item be continued to a future Council meeting as they have additional information to be submitted to the Council. MOTION: Osterholt moved, seconded by Bye, to continue Resolution • No. 78-213, granting preliminary approval for MIUB's for. den-ll11-54 Company to a future agenda. Motion carried unanimously. • B. Resolution No. 78-214, authorizin the Ma or and tit Mane er to enter into a contract wLt Hennepin County ur adm n sterin home lmorovement contracts City Manager Ulstad explained it is necessar1ufoorn r the eoCouncil toyconsid r Resolution No. 78-214, the same type 1 for by our City Council, in order for residents of Eden Prairie to apply said loans if they so qualify. Penzel requested that the guidelines for receiving such loans be made available to the media. e bu commented Eden werePrairie eligible have as theldidfnot applicants meet the last incomeyear, or but ther applicants9 onelqualified applicant thisria. er yearriner noted we the have received MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-214, authorizing the Mayor and City Manager to enter into a contract with Hennepin County for administering home improvement contracts. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members No reports. B. Report of City Manager 1. Meeting with Major Center Area property owners Ulstad referred to meeting held this afternoon from 1:30 PM to 4:00 PM with property owners in the Major Center Area 'AA ralstiva to the nrpl iminary recommendations that tJe .yw41.1_.,.. Council Minutes - 7 - Tues.,November 21, 1978 j 1. Meeting with Major Center Area property owners (continued) approved back in June of this year. Had a good discussion with the 12 property owners in the MCA who were present at the meeting this afternoon, and It was their request, together with ours, that we continue this meeting to December 5 at the same time to discuss some of the differences of opinions that developed this afternoon. Mr. Ulstad stated he would report back to the Council at the December 5th Council meeting regarding the afternoon meeting. 2. Updated Guide Plan Ulstad explained Mr. Enger has completed the draft of the updated Guide Plan and asked Council direction as to what commissions should review same. • It was the consensus of the Council members that the updated Guide Plan be submitted to the Planning Commission, Parks, Recreation & Natural Resources Commission, Human Rights & Services Commission and the Development Commission, and also offer same to the Historical and Cultural Commission if they so desire to review the updated Guide Plan. C. Report of City Attorney No report. D. Report of Planning Director 1. Expiration of 4/5 Planned Study zoning of properties in NE, SE and SW quadrants (Ordinance No. 77-35) Enger explained what has happened in the last couple of years in the intersection of #4 and #5 we have a certain amount of land that lapses out of the Planned Study designations. Enger suggested thatthat the Council set a Public Hearing date of December 19, i49 consider placing certain properties in the northeast, southeast, and southwest quadrants of 4/5 back into Planned Study. MOTION: Bye moved, seconded by Osterholt, to set a Public Hearing for December 19, 1978 for reinstating certain properties in the northeast, southeast and southwest quadrants of County Road #4 and Trunk Highway #5 back into Planned Study. Motion carried unanimously. E. Report of Director of Community Services 1. Anderson Lakes Joint Master Plan Director of Community Services Lambert spoke to his memo dated November 16, 1978, and introduced Mr. Cliff French, Superintendent of the Hennepin County Park Reserve District, and Mr. John Christian, Administrator of the Park Reserve. Mr. French spoke to the proposed 1978 Joint Master Plan dated September, 1978, and answered questions of Council members. Numerous concerns were expressed by Council members. • • rev Council Minutes - 8 - Tues.,November 21, 1978�Y 1. Anderson Lakes Joint Master Plan (continued) MOTION: Meyers moved, seconded by Osterholt, to relay any concerns or questions on to Director of Community Services Lambert allowing him time to answer these questions and report back to the Council. Further that Mr. Lambert prepare a more specific proposal as to the specific use and joint management of the Eden Prairie portion of the site for Council's consideration at the earliest possible opportunity. Motion carried unanimously. F. Report of City Engineer 1. Approval of specifications and authorization to advertise for bids on sewer jetting and eductor machines and rotary mower City Engineer Jullie spoke to his memo dated November 17, 1978, recommending the Council consider approval of the specifications for the fetter, eductor and tractor mower and ordering advertisement for bids. MOTION: Osterholt moved, seconded by Bye, to appr-uve the specifications and authorize the advertisement for bids on sewer jetting and eductor machines and rotary mower as per Engineer's memo dated November 17, 1978. Motion carried unanimously. 6. Report of Finance Director 1. Payment of Claims Nos. 2112 - 2238 Councilwoman Pauly commented on Claim No. 2112 - Postage for mailing Precinct maps, as she did not receive her map until Thursday, two days after the election. Other residents had also indicated to Pauly they received their maps after the election also. Penzel suggested Staff inquire with the Hopkins Postmaster as to how they determine when to deliver this type of mail. Meyers requested that Claim No. 2136 indicate "Memorial Donation" rather than just the word "Donation". Pauly asked City Engineer Jullie to check with Paul Choiniere • regarding concerns he has regarding work done by RCM (Claim No. 2218). MOTION: . Osterholt moved, seconded by Bye, to approve Payment of Claim Nos. 2112-2238. Roll Call Vote: Osterholt, Bye, Meyers and Penzel voted "aye", Pauly "abstained". Motion tarried. 25. • Council Minutes - 9 - Tues.,November 21, 1978 2. MIDB Guidelines (Resolution No. 78-215) Finance Director Frane referred to the MIDB Guidelines suggested for adoption by the City Council, which have been read and scrutinized by City Attorney Pauly and himself. Mr. Frane and City Attorney Pauly answered questions of Council members. Bye spoke in favor of the guidelines as being a safeguard for the City being that they clearly represent to those applicants what the City expects of them. Changes were suggested by Council members to be incorporated into the guidelines. MOTION: Osterholt moved, seconded by Meyers, to refer the information on the MIDB Guidelines to the Development Commission for their comments, and also to Mr. Ehlers, the City's financial consultant, for review and recommendations. Motion carried unanimously. 3. Engagement of Auditor for the 1978 Audit City Manager Ulstad explained the City sent out 8 invitations to auditing firms in the metropolitan area, and out of the 8 we received 4 responses and quotes from firms and/or individuals that would propose to do the audit for the City of Eden Prairie for 1978. All firms responding were very capable qualified firms and that two of the firms do have their business within the ' City of Eden Prairie. Ulstad stated it is his recommendation that the Council consider the firm of Fox, McCue & Murphy to provide the 1978 Audit for the following reasons: 1) Experience in municipal accounting; 2) Principals of the firm will be doing the audit; 3) The firm has a permanent office in Eden Prairie; 4) The firm has sufficient manpower to complete the audit by June 30 as provided by State Statutes; and 5) Total combined experience of 25 years. Greg Murphy, George M. Hansen Company, appeared before the Council expressing his firm's desire to continue to conduct the audit for City of Eden Prairie for 1978 as they have had the privilege to do over the past several years. MOTION: Osterholt moved, seconded by Bye, to engage the auditing firm of Fox, McCue & Murphy as recommended by City Manager Ulstad to conduct the 1978 audit. Motion carried unanimously. MOTION: Pauly moved, seconded by Bye, to continue the Council meeting past the 11:30 PM adjournment time. Motion carried unanimously. IX. NEW BUSINESS A. Joint Powers Agreement with the Minnesota Department of Transportation Penzel explained in order to'get the intersection on Highway 5 and West 78th Street accomplished, the Highway Department has informed us they cannot make available engineering staff to make the designs, but they. will reimburse the City if the City will enter into a Joint Powers Agreement with them and if the City will engage the engineer to make the designs. • '• 0UnCil Minutes - 10 - Tues.,NOvenber 21, 1978 • A. Joint Powers Agreement (continued) MOTION: Osterholt moved, seconded by Bye, to authorize the city to enter into a Joint Powers Agreement with the Minnesota Deparbnent of Transportation. Motion carried unanimously. B. Oral report on Ridgewood Condominiums/Ban Con Develop emnt Corporation City Manager Ulstad stated Ridgewood Condominiums has now servedthe City with a Summons and Complaint and they have also ed in the Summons and Complaint the Ban Con Development Corporation. C. Memo from Staff regarding membership in the Mtn Prairie Historicalp!,7 Society Penal recommended that the City as an organization join the Eden Prairie Historical Society. MOTION: Bye moved, seconded bY Patillts to Otherriee the irexpenditure of $25.00 for the City to become a member of the Eden Pre Historical Society. Roll tall 'Vete! '13Ye* PaerYo Meyers t UetiOnel .' and Penzel voted "aye". Motion carried unanitausly. D. Letter from Ehlers & Associates on Housing Finance Bonds Meyers referred to recent letter from Ehlers & Associates regarding-- 1:a4sing Finance Bonds and asked if the City could use the program. Bye suggested inviting Ehlers A Associates or Piper, ja ffray & Hopwood to a Council meeting to make a presentation on this type of financing. X. ADJOURNMENT MOTION: Meyers moved, seconded by Pauly, to adjourn the meeting at 11:50 PM, • Motion carried unanimously. „,. • . • CITY OF EDEN'PRAIRIE CLERK'S LICENSE APPLICATION LIST December 19, 1978 CONTRACTOR (1 & 2 Family)* 3.2 BEER OFF SALE Dalhaug Building Co. Donn & Margies James E. Johnson Eden Prairie Grocery Northwestern Builders Eden Prairie Legion Assn. Skluzacek Const. Edenvale Golf Club Stuart Const. Lions Tap Orrin Thompson Homes Schmidts Market Thompson & Tonsager Const. Worrell's Valley Dairy Urban Unit CIGARETTES & TOBACCO CONTRACTOR (Multi-family & Comm.)* Donn & Margies Libbey & Libby Co. Eden Prairie Grocery • Welsh Construction Corp. Eden Prairie Legion Assn. Edenvale Golf Club • PLUMBING* Lions Tap • Schmidts Market Key Plumbing & Heating, Inc. Worrell's Valley Dairy HEATING & VENTILATING* CLUB LIQUOR LICENSE Gopher Heating & Sheet Metal ,Eden Prairie Legion Assn. Thomas Air Conditioning Dill Sheet Metal ON SALE LIQUOR LICENSE GAS FITTER* Genghis Khan of Sapporo Olympic Hills Corp. Gopher Heating & Sheet Metal Thomas Air Conditioning SUNDAY ON SALE LIQUOR LICENSE* 3.2 BEER ON SALE Genghis Khan of Sapporo ,Olympic Hills Corp. • Donn & Margies Edenvale Golf Club Jakes's Ice Cream & Pizza Parlor Lions Tap Olympic Hills Golf Club Schmidts Market These license have been approved by the department head responsible for the licensed activity. • g.t,tt.L.c en (;:kisiuiturwtr_ Rebecca Quernemoen, Deputy Clerk • * Licenses for 1979,011 the rest are for 1979 ` w; .„. • • MEMORANDUM TO: •Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester DATE: December 15, 1978 SUBJECT: Request for Public Hearing for Removal of Diseased Trees on Public Property During the summer of 1978 tree inspectors marked approximately 3,000 diseased trees on private property. Of the 3,000 marked, 830 trees are still standing. Enclosed is a list of the trees that are still standing and their current status. The staff feels that the property owners on this list have had more than adequate time for removal of their diseased trees. Included on the sheet is the date when the diseased trees were first marked. On November 1, 1978 a letter was sent to the property owners urging them to have the trees removed by November 30, 1978 (copy enclosed). It has been the staff's experience in previous years, that diseased trees which were not removed by Janaury 31 did not get removed until after May I. or in many instances not at all. Some of the property owners on this list have made verbal Commitments to get their trees down. ::;;never, the staff is concerned about the large number of trees which do not have a take down commitment date. The staff requests that the Council set a public hearing for February 6, 1979, for the purpose of abating standing diseased trees. The procedures for this public hearing are outlined under Minnestoa Statutes, Chapter 429 and are consistent with the methods outlined in City Ordinance 77-36 (Ordinance Relating to the Control and Prevention of Tree Disease). The procedures are as follows: 1. Original notification - surrmrer of 1978 (giving owner 20 days to have trees removed). 2. Second notification - November 1, 1978. (copy enclosed) 3. Date set for Public Hearing - December 19, 1978 Council Meeting. 4. Public notification of property owners - two publications in Eden Prairie News - Jan. 1979. 5. Third letter to propety owner, informing of Feb. 6, 1979 Public Hearing. 6. February 6, 1979 Council meeting - Public Hearing with estimated costs. . Property owners have opportunity to appeal. 7. Abatement by resolution - Feb. 6, 1979 meeting. 8. Bids let for contractor to remove diseased trees on private property. 9. All diseased trees removed by April 1, 1979. ;195.11 CITY OFFICES/1950EDER PRAIRIE ROAD/EDEN PRAIRIE,MIndtSU IA 5N3A41TE1EPHONf1612) I.2262 Sumner 1978 • • Dear Landowner: 'Recently, your property was inspected for Dutch elm disease and Oak wilt as provided for under City Ordinance # 77-35 and Minnesota Statute 18.023. Please find enclosed a notification form, which shows the trees (which you atilt cut down) or debris (which you must remove from your property)- Please take steps to alleviate this disease problem on your property within • the 23 days provided by law. Also, find enclosed a sheet explaining procedures for the removal of diseased Wood.. Please read these removal procedures carefully, • :reel free to contact me if you have any questions. Sincerely, • Stuart A. Fox City Forester SAF:md endl: ,r , CITY OFFICES/MO EDEN PRAIRIE ROAD/EDEN PR AIME,NOTMESCITA 55144/TELEPHONE I6121942M rat November 1, 1978 • • Dear This summer your property was inspected for Dutch elm disease and oak wilt. Shortly after that inspection you received a notice to remove the diseased trea(s). -'II'm date our records indicate that.the diseased tree(s) has not been remevod. 'Please take steps now, to remove the tree(s) by November 31, 1978 i. L you • • to do so, we will order the removal of the tree(s) under the terms of the 'Mira Tree Disease Ordinance 077-36. The tree(s) will be remOved by a private • troe removal contractor and the entire east will be billed to you. Shnniel you tail to pay the cost of this removal within thirty (30) days, it will be assessed ". avinst your property and will be shown on your next tax statement. We hape that you will comply with the tree removal order rather than requirin removal 1,6,) by City contract. lie feel, and hope you agree, that trees are a significant part of the natural taanty of Eden Prairie. Your immediate attention to the removal Of this tree(s) will assist in protecting the health of other trees in the community. If you have any questions, please feel free to call me at 941-2262, ext. 43. Thank you. Sincerely, • .944aa4ka-da)C Stuart A. Fox City Forester SAFnad • „.- 0 _ 4617 • DATE COMMENTS _ (Aj1DRE$L tOcATJQN QF TEES ES NARKED EST. C05 trees from 1ITS - tn Prairie East 8th 977 Bluffs Co. 4900 IDS Tower.Mills. MN. 9150 Co. Road 18 2- 7l7118- $160 •n!___t8_ 2 5/25/78 $160 Thomas H. Carlson 8701 Summit Drive -same � - _-.... .-- .__,. .�_.. __. Eden 500 Properties 900 Midland Bank Bdg. Mpls Parcel 1602, 5%Sec. 7 1 6/30/78 $80 29 78..8/24/18-Wiiiiity�n in Eitate-- `Parcel 400 N+�Sect:3 fi/ / Alice itochensparger Security Trust Co. 'Parcel 200 N's Sect. 5 ;7/6/78 Attorney called 12/13 DEAVER PROPERTY ,Security tiri el�Al Parcel_1050 itS Sect. 5 i 77 7/31/78 RM11 work on am.,_Mori 13I_ Lot 4 P Realtor is waiting for Glen Dix 701 deRt 4th Street E . 1 4 — Grand Rapids, Minn. 55744 Eden Hills 1st Addition 12 7/2I/78 two estimates Outlot V Edenvale 28 I6/15/78 $2,240 Edenvale, inc. 14500 Valley View Road 3rd Addition 'Outlot A Edenvale 10th ' 4 t6(15/78 f32O Edenvale. Inc, 14500 Valley View Road Addition ljl -- + Edenvale, Inc. 14500 Valley View Road Outlot C Edenvale 6th 4 3 16/29/78 i $240 - _-__ -_ _Addition k �._ Edenvale. Inc. 14500 Valley View Road Edenvale Golf Course 27 1J/3/18 A2,160 -- - Bl. 2 Lot 9 Edenvale Edenvale, Inc. 14500 Valley View Road 'industrial Park 2nd Add. • 1 7/6/78 ; $80 ,.w,. .0u:0ot G i S16O A Edenvale,Inc. 14500 Valley View Road Lake Eden 2 ;I/fi/T8- -— Outlet C 11 �1/fi/JS 3880 Edenvale,Inc. 14500 Valley View Road Lake Eden _____»__._.__. 'Lot 2 Bl. 3 ' Edenvale. Inc. j14500 Valley View Road Edenvale Addition 2 7/7/78 $160 ��__ Parcel 3015 A, .._ 48 ;7/10/78 °$1.440 Edenvale. Inc. i 14500 Valley View Road Sss Section 10 l -� -' Parcel 4475 _ Edenvale, Inc. 1 14500 Valley View Road Sy Section 9 40 ;7/10/7B 153.200 - ' Outlot I Tree from 3977 Edenvale. Inc. '_14500 Valley View Road Edenvale 2nd Addition 1 :7/11/78 � $80 Lot Y Bi. 2 Edenvale, Inc. 14500 Valley View Road Edenvale 4th Addition 9 1J/11/78 , $110 6 tress from 1977 — -— - Outlot e Edenvale, Inc. ° 14500 Valley View Road Linden Ponds Addition 1 ,8/13/78 ; $8D • t .Outlot B ' Edenvale. Inc. 14500 Valley View Road Woodland Addition 1 `8/10/78 $80 • I Dutiot G i 4 8/1/78 $320 Edenvale, Inc. : 14500 Valley View Road Lake Eden Ecklund and SwedlCorp. nd ; Box 38 Lot 3 Ill. 4 Development Corp. , Excelsior.Minn. 55331 Millcrest Ct. 3rd Add. 5 7/3/78 ' $400 Box 38 — Parcel 2830 f A Ecklund Excelsior,Minn. 55331 Ny Section 8 10 7/11/79 Development Corp• --- --- --------_.._--1---- . Ecklund and Swedlund t Box 38 • Excelsior, Minn. 55331 ,HiddenLot 5 BPonds 2nd Addition 2 i8/15/78 $160 1 Development Corp. _ r.•,�_. -- j Ytll be down by 1/3/79 . _.. _ __._;1 Gelw Drive 4 �7/27/J8 t Golan l i Geico Drive 1 Ge 27/78 — _ i 9420 83rd Ave. No. Flying Cloud Center ! 1 $168 Greet Plains Land, Inc.'Minneapolis,Minn. Lot 2 Bi. 2 2 11/27/78 4. n ' 16850 Duck Lake Trail 16850 Duck Lake Trail 2 :4/30/78 $760 Phillip Henderson --- --•— ..___ _ _ fi-- l 2146 • • BATE NAME ADDRESS LOCATION OF TREES it TREES MARKED EST. COST, COMMENTS Ralph Hoffman I5950 No. Hillcrest Court I5950 No. Hiilcrest Court 4 7/5/70 $320 1426 So. 163rd St: parcel 62550 Wants City to bid Benson Holases Omaha, Nebraska 68130 Sh Section 14 6 7/7/78 S� 11/9/78 I03I6 Toledo Circle Lot 12 - Fang Melee Minneapolis,Minn. 55437 Willow Creek 1 8/4/78 $80 rOutiot A Creekwood t Hosted Development 12750 Pioneer Trail . End Addition t 4 6/28/78 $320 Hosted Development 12750 Pioneer Trail 9555 Woodridge Circle 4 6/28/78 $320 Rusted Develop etn 12750 Pioneer Trail 9553 Woodridge Circle 6 6/28/78 • $400 `1 ' IOutlot C'Prelrie East w i Prairie East 8th Rusted Development I2750 Pioneer Trai; 12nd Add. +adjacent parcels 8 6/28/78 $640 Addition --......._ .-..Outlet 8 Prairie East 1 Prairie East 7th Addition Rusted Development 12750 Pioneer Trail 2nd Addition 11 8/23/78 $880 Rusted Development 12750 Pioneer Trail 111 1 tot 20 2 trees are from Prairie East 1st Add. 10 ^{-7/17/78 S800 19 7- _ -_ 9420 83rd Ave. No. 81. I Lot 1 --- i - lndependentMilwork Minnepolis,MN. 55455 flying Cloud Center 1 7/27/78 S80 Robert 16I76 Edenwood Drive 16176 Edenwood Drive 1 6/20178 $80 H I500 East 79th St. 1 Carl Revlia Bloomington, Minn. 55420 t 8941 Ridden Oaks Drive 1 7/20/78 180 Carl :Reevlfn * * * 0800 Hidden Oaks Drive 1 7/20/78 Sig • Carl 1,1n * " 8890 Hidden Oaks Drive 3 7/20/78 S240 Carl F4ehrlin j * • 8887 Hidden Oaks Drive 1 7/7/78 SBO Carl kerllin rr " " " 8290 Hidden Oaks Drive 2 7/20/78� 5160 Russell Marsh ,6509 Baker Road 6509 Baker Road 9 7/6/78 $720 s !I4201 Excelsior Blvd. R4 Section 21 f Robert Mason ;Minnetonka,Minn. 55343 Parcel 2500 4 7/24/78 --- Working�on trees _. -_.-__ _ i _- __-_. _..- .. 112/11/78 _-- 1 5215 Industrial Blvd. RLS 483 Tract A I Metram Properties Edina, Minn. Rh Section 2 5 7/5/78 $400 . 1 P. 0. Box 1233 Parcel 5422 -_._-- Midteest Coast Transport},Sioux Fails, S. 0. 51101 Si Section 3 14 /17/78 51.120 '-._.-1 .- 12356 West 78st Strut S124178o�Looking for Coatratter Bob McDonald 12356 West 78th Street i -- . —__-. JoAnn McGlynn 9300 Overlook Trail 9300 Overlook Trail 2 /30/78 � S160 Mir - Mary Nelson 9555 Franco Road 9555 Franlo Road $ /27/78 -"»- Property line ddepatei _4. I question onioestioe _ 1 7117 West Shore Drive ;9520 Leaftop Circle -- 5 /1 23/78 $400 Patriot Builders I Merl.Peterson 17012 Baker Road 7012 Baker B 6/2B/78 SOO ;Only 1 tree remeinifg . p. it, peterson 9575 Franlo Road 1 9575 Franlo Road ' 4 22178 S32Q t 1 26) .._ . _ '= �_ _ . , . , . , • ..... •- , ' • „ - . . DATE NAME ADORESSS LOCATION OF TREES I TREES MARKED EST. COST COMMENT - ——— Parcel 4025 .-—--- —-- -----—-—-- e- - . —-- • Pleasant Mill Cemetary c/o Ralph Nesbitt Preserva Nis Section 26 6 6/28/78 ------ waiting for volunteers ------------- ----- ,, Prestige Homes 8053 East Bloomington 9490 Clubhouse Road 2 6/23/78 $160 Freeway Charles Pufahl 8560 Franlo Road 8560 Franlo Road 5 7/7/78 $400 Partially Done Will have trees down Myron Raeder 6435 West 168th St. 6435 West 168th St 10 7/7/78 ---- by 1/15/79 • Parcels 1516, 3540, 4010 ; John Taman 8010 Eden Road Ski Section 11 36 7/11/78 ,880 Menards Subdivision . Lot 16 81. 1 I-- t . _ ------ Universal Land Corp. 14500 Valley View Road :Woodland Addition 11 1/10/78 $880 i ' ;Lot 3 B1 1 Universal Land Corp. !14500 Valley View Road 'Woodland Additona 1..._1 18/16/78 $80 --Lot 2 Bl. 2 Universal,Land Corp. 114500 Valley View Road Linden Ponds Addition 1 18/23/78 $80 1 ! . . " Edward VanRossum 15901 Cedar Ridge Road 15901 Cedar Ridge Road 5 I7121/78 $400 , ----i.---- - itilItalmi*instruction 1'15517 Excelsior Blvd. 9443 Clubhouse Road 1 '6/23/78 $80 .--.,......re* ir.-07-855-823 ' . ........... —....___ .:. Wittce,IOC. :Centralia, III. 62801 Parcel 3000 1 1 We Section 1 3 8/1/78 i_.$240 . ! In process of taking, , ';', Gregory Lan 6561 Manchester Lane '6561 Manchester Lane ' 2 8/31/78 ! --- I down trees 12/13,70" ,„" ... ...... . c/o Tim Eller Parcel 3591 I I . ; Tress to be removed Centex Homes 8601 Darnell Road We Section 22 37 .7,28/70 ! --- as per rezoning agree. • .I" - • sent 1/31/79 WilliatOre0 7150 flying Cloud Drive 7150 Flying Cloud Drive i 18 '7/7/78 $1,440 ' Wants City to Bid So. Henn Vo-Tech School 9200 Flying Cl. Dr. '9200 Flying Cloud Dr. . ..,.•..,, Northrop King 13410 Research Road 13410 Research Road 23! 8/7/78 ; Waiting for Contractor --1---- . ...._ ._;_ .,done apppos,.11.31ng • .;:;!! Donald Nemec .9449 Creek Knoll Road 9449 Creek Knoll Road : 3 6/28/78 t down 1/15/78 Last .T:,.. ..i. . tree to be finished Olympic Mills Corp. 9520 Franlo Road 9520 Franlo Road 151 9/20/78 Have started and plan ' !: on burning by 3/7479 • --____ --4- ' 'Partially done-wait-. •::.• John Taman '8010 Eden Road 8010 Eden Road 19 6/23n8 : ,ing for contractor • .North of 11555 Sunnybrook' 33 6/29/78 ------- working on-expect Preserve 8920 Franlo Road 1 ;completion by 1/31/79 ..?.' j.Total [Trees . , _____ . , _ .....„ i I . I : • . .„ i . . .. ...._ _ .._ . ,. .....„. ... - -.. . . ,, ! , 5..-..-.,,i,•,..•:',•-:.: ._—...---,--,------4...— . i .311(#0 1 , • .,.. '., •.: -••••,.':•,,,.: •::,,,'-',i',' ?,,,::,''.. 1 •:..,.,- . - 1 ,...... ..LZ•:. "...':-....:.,.•,,, ,.....,,..7.:„.,.. ._.. • • • • DEC 14 1978 • December 13, 1978 • TE3s Roger Dieted, Eden Prairie City Manager St9BJEGfis Public Hearing on Round Lake Esisates 2nd Addition proposed plat. Dear Mr. Dieted: I would like to request a public hearing 8fd Eden Prairie City Council to consider approval b of Round fake Estates 2nd Addition proposed plat. T� you. SipRerely,youre, • S.A. Eliason, Pres. Eliason Buildars, Int. 2( 1 • 111 c]eveIopment • corporat OW DEC i 2197i ir ti December 8, 1978 • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Re: Bluffs West 2nd Adcition Dear Mayor and City Council: We request that you continue consideration of our Bluffs West 2nd Addition to the first council meeting in Jnntn ry to allow our company an opportunity to consider alternate development and park acquisition methods. Thank you for your can ideration. Sincerely, 441 , Richard A. Putnam RAP/er 12150 PIONEER 7 RAIL,EDEN PRAIRIE,MINNNESOTA 55340(60.9 �: • 14913RAN,DUM . TO: Mayor and City Council TfiRU: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services- ATE: December 15, 1978 SUBJECT: Homeward Hills Park On Thursday, December 7, 1978, Roger Ulstad, Chris linger and I met with Dick Putnam to discuss the acquisition of a neighborhood park serving developments south of Co. Rd. 1 along Homeward Hills Road. After considering the development plans that the "lusted Co. has in mind for that areas the staff recommended that ihxstad's prepare a plan for all of the area they' propose to develop south of Co. Rd. 1 and west of Purgatory Creek. ',Phis plan should show the densities they will be requesting compared t•.o the dun ties proposed by the Guide Plan. The City Council may wish to consider accepting higher densities it 8 saitp transfer that would require Hustad's to dedicate the 31 acres of park and pay { rW. the cash park fee on all of the developments. The City could also request a guaranter-' grading cost per cubic yar.l en the park site. . Mr. Putnam indicated that it would take Husted's several weeks °to figure the densities needed and put that proposal together. Be sand Mr.' Hv �+d woad send a letter requesting an extension on the public hearing for Bluffs West 2nd Addition. BL:md • • MEMO: • TO: • Mayor and City Council FROM: Jean Johnson, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: November 16, 1978 • SUBJECT: EXPIRATION OF PLANNED STUDY DESIGNATIONS IN THE • SOUTHEAST, SOUTHWEST, AND NORTHEAST QUADRANTS OF COUNTY ROAD #4 AND TRUNK HIGHWAY # 5 • • Ordinance No. 77-35 second read on November 15, 1977 placed properties in the southwest, southeast and northeast quadrants • of Co.Rd.4 and TH 5 back into the Planned Study Zoning Dist,let for 1 year or until time of Guide Plan completion , whichever occurred first, see attachment #1 . ,The zoning request for RM 6.5 and Office, COR Development, occurs in the Planned Study designation of the southwest quadrant, !see attachment #2 . • Presently the Planning Commission is reviewing a Industrial zoning. request for Stewart In-Fra Red affecting the Planned Study designation in the southeast quadrant, see attachment #2 . . Properties placed back into Planned Study by adoption of Ord.77 ` excluding the COR Development Rl 67,5 Zoning, are illustrated on • attachment #4. Ordinance 135, Section 10, does not allow Planned Study designations to exceed one year in duration at which time the properties revert to previous designations Reclassifying can be initiated.;by the Council,Planning Commission or affected property owners. JJ:Ji • ,r• ''. AC, ,.: ` y W S b 1 K' !' m• to K — ti s m is I e I I- -♦ w -�• •..Ti- ..l 6.•T d I t.l Ja wM tat eP ie7'6'r i,e bfi ',4 +��♦'''J�.':R•+•• =, elcv - .Y•-I •.i'.�a=i -r-.Y., g ••— �k♦+¢ -+.,�{•+. ��• .- •we. ''.c+, � •.y • .y. ..�.'ter* •� it* - • ,••••:' '•--. ',":;.7.,.. w +t Ci —'i � i 7 � I, 3ar �J •s i j4 • 'J .,1� t f 3 - : - w.«. are rr- 'S-4. t. :• +'I NN, /I. ; ..,;•-• at. •. 2.,a te._'ti' ,e,a . am f.+j .'x» .4n Planned Study boundarieswro '" _yam wesr • 1 ,, s ,, c s .4 i , do as w� Attachment ill 4 w d r s i . •. - -4,...N,,,,,;etts,,,....- ,,..-- .L. .1 . y psi • 4±• S x x . •� t,jai p Mr 1 ,i, i._ 1' f . " ''' ' — '"". --• ' -'' :7;.,--.,';Li ''- ''''''''' —-- ..— -• :.,.'', ,..-. — ..., -'"' 7:11; . .. . .. . • ; I . ., • r.•' •.• 1 .• , CI .., .. 4 • - •73-:• •?I' " • ' ' . • '' 0 ,'"' , : __... .• ...: -....-.,„0011 XI ;.1 ' I . . r::. C '447 F.P. - -...- -- - f - 34•'. i , .....„ . •,r + . • .,•••.4. ••• - 01. ;c, • ,,g . . f4 It, .,••''i 14.0 PC!' . : . ; f--'''• ' : ,_. - - .---r9 111 _ 1 ig$' :•• r r. .....A . - • 1;,ffi.ul- .4 . q.,,i.,?i i ;-2 ' g j 4 .'.:::_..—1 r ilv .-e, i31 ;,- : a :- ci• • = ..-4 . .to . ,..L. _..........:71..-T-1...3:•:. l' ' t rn 2 iiiti p - - - - • - -..._ ,,... ..; • tr e: ;-.I.L...:-.1 ::-11: :-E:"— Pr ia-r. i -•ft :i it 9. l' •,-;',:- • . • ? - ,Asofili44,, . "rs-_c•-.....;.;•:tao...,t1;... - , uce_ra.:_,..,....6.,,........ ... 1 46.... 1.•, . "•7*.rat rattivry room;.;:ge?.4t7$10 3..1 -...,•• .., , . .. ...,.\\.. . ........,0 .:L. ,...y4, :. ._ . . ...............17... 7 ... .. . .,, ,, t...z. 1 . ....\\ .: ,. : 1.,, , .: . .1/4..1.........,T'":: . '.- ' • N... -a,•1 -':."*.: . Ale '...a •• •t: . . i; i1 . :-r . ,.... .. .,..:. i ke. .. .. --. :, ,, .fit,, .)._ i . ..1 24,10,.. -,- `..4.z., i . • ... .;.,x i . /4 :•• : S?,. . . . ---,•,• .z ,it . •, . . oe ; • '' -.• -.-‘•••-•-••: -:... ,•-. 410 RS • ::•'....: '•:::0; i •••— •-••-.- • ..--. ''' .-`a.:,' -,7 . , . ; 1 . . 1 cp • .... I s :•_. • v n 4.!....4, • ..... )/41C?,,t6 -.. • .7 l...'F--1 -4'-;• 1017 • • ..,. . ?•7 1 f.i elii-f ', 4 ,tz... / • , , tnt ' -70,m -., m 9 : - • •,_ .-: __:..... ....:1 .,.. _ -I!, w. m 4. 1 . • • • • • •-' • i ... -..' . .,-"''' ' ("e/o% .:..'..,.,:• J . 0 ..... , . ‘ _14" 14frt, f.li ui' ."•' .-.1"411.43 . - '• \l's\ti.• '' ..z.;"'4:. • 1 • . , • • c . ,....r.„,,,, ._ .., '....-...._ .z_ ;,- .. No _0.- -i.••.•. . . . :...: ,.. „..,..,.....,.:.,•:-:--•-.; , - • . ••.,... if.,...... . s.- _____ _ •,,,,... - ..''), '•••:--;-.7i.:zzarciar=-13,-.:*-4%---"-- -- ' - - . -'-- ''' • '4._ • 4., r 1,,,X %•itir. & '•go, -...: . 4 .„ 1** • 't•e, ,e. t L . 112.4t.:I, .•'•?I'a;., .,.. t t.- • Or• ' .'..-,..-,....- ; , ,,,,,,..*..:t .%,.....i •4 VA.. r,. .... WCS4441,.. • •n'.:. ..;4';:i Af.:....i..:„_..3......' ` -.....1;..• - ••••••' • - • , Iv s - '• ....• :•,. »f•::: , -,. •t• ' 4 . A • a., .0 I .. I ... . '1'.." ,-....-..-... ' _ . Attachment I/2 ,• OS IS, ..0.•••,... ." .•• r....": MS14411 „ • i.. ... 2., '1.- • Z "•• k - _''"..' it,': : •.'' • . .. . Ifts ,0•• , ••!... *•;..- ..* ,t,, 1 •• .: s -..:-...'' .:,..: -lb 4 • "f 0. °Y24*-.. *-;' ''''.• .•k 4 ie . r- "''"„ Zinitsw. , ii.1 . t \•4\-104; ..e. '. ay1Z.,,,,.. - '...• , 1 - -•. • ; *.'. 4. ":Ni.1*, • . 1,.... ..a'.. '":''' H'-':.' • . • * .kt ''....'" a '''Ir- ' . '' *,i,-'7,i -; .:-..,-7: t\ f: ..4''''. ''' •.-.. il. ' •-#.44.41-:,•-• :,;-,•'.- .:•.• -2. i i 1.4,• -,.. .- . ..-',•-• -- -,..-- \' -- ---,—. 14.-si#,•:,!.-;':c.:: :.1.;-•,,.'44"'...'.'...,• --7 .,'".'''."......r."•?.'":",'''''",..•'''•!"‘", ' ' • • • • • • • • + r nett Y(J t J 4.- .. '.'.: CC .' — Kn. 1 , 3.9? ,. • • _-.-._� +� _._ ,t. ▪ N• *' 'tJP AA A - f .`ire E 6.;e4ic _4 - - _ , :_._ zt r • .,.__,: -•_.gin` �r - �,r.� '�' p� -Y,• ,. . • as r's a «+• {' F,.'^'a• * ` *_; r�� �� *figg , i I y •Lf' •,.. d , • r.. _ t. 1 .Sa.-�z:. 't , �,b9'"abJ + ^' t 'f xa s+K:e a� � 8X 1 r: I IJi" ^r '�+'� '"4r 4 twwFr':.1::,.... _ •�''-,� • .,z-!>•... . •'.3 .., f «tn,iz;. t r t - . a t"r i. x ‘;''''..1'.:;. 7d.y. +r'. x '� -yy��a �. .i• 1 z :rdJ:Y a •14Z •'+,' La eirr :P ✓• - •�°:•�.,8.4. {rt�•':s�f. � 3"Rt'<•a.;� +w.�t..<.Y � '.` -.!'w�+"�.`�.'•�?�lKa.b',� T'n • •d a .s-e :• g aE..ti + t. •'�� 1 .Y4' ,+ a▪ "�3a'.C'" ?.g.;s1r �•w'.r4,._ir-MK,y,�,�w.,,;e,y'F•,�bM4.I _w . �► .1 . trite, 0 r 1f'-r.Z.•R ' .Sn.,Z s�,.Y- "..g tti - S •• cri gal a I eJ;.w 4, a -4,,— mp "tt• -', .'Ap 6, f�^,1 ,4tIte„ 7 tr ry',.wOd.• s f'� im...J- s' a ,,t1f' "t( •ty,_ t t'•r i =,4 tMz. 4.-`4.^; ,-�, �,•« .� _ Y g _:•.IfhTdtJ • �'�+�_ `)tip.. b V• ��`� J � .•r �y.S �'•• 1-i,•t '^y< •4 �` • • -x ! • ", +�1• t"1 s A Y>f.G ,t A V r . -i Attachment /3 .t• % .�` ,r• � 59AGi5 u y:T " 4oY ,.# +t" a• a• rt - '' , ; '�is ^ �„ `•- • 1� r t� Ja m,. _rp' _ 4- L� �i1y >! Y. ' '4. %_ - " • - - - • -• - • ••••• • • \..linapproyed Planning Commission Minutes - 4 • Decemilpr 11, 1978 • • •••••• • - C 4/5 Planned Study, recoamendatiol! on reinstating propertiesy . in SW, SE and NE quadrants back in,o dstiet , The Planner discussed the memo regarding the expiration of in 1958 were these properties, explaining these areas plan adopted, inconsistent with land uses when the 1968 guidewas..___ sehetsteee the and were placed in Planned Study. The in 51L"e1 He briefly old ordinance and the Guide plan are being resolved. outlined the properties involved. . „-• r- • •-•• - - , " ' • • _ • • • • • • - • • • • Cotincti Minutes - 3 - Ttres..November 15? 1977 L.-- • NANCES & RESOLUTIONS • rid Reading of Ordinance No. 77.35‘ re20n1n9 prepertfelr mmlifd irtV • tudy for I year or until time of'guide Plan Update cOTIR rs first MOTION: Meyers moved, seconded by Osterholt, to aPPrnye the 2nd leading of Ordinance No. 77-35, rezoning properties back to Planned &tu4Y 'for year or until time of Guide Plan update completion., Alchever occurs . •first Motion carried unanimously. 11. 2nd Reading of Ordinance No. 77-83, rezoning from Rural to I-2 Pat anroximately 5 acres for office-wareteust us g _or tontigt Corporaton a rezoning agreement • MOTION: Pauly moved, seconded by Osterholtt to approve the 2nd Reading of Ordinance No. 77-83, rezoning from Rural to I-2 Park aPPrOkimatelY 5. etas for office-warehouse use for Condor Corporation. Motion carried unanimorettly, MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement with the changes already indicated in item 2,and amending item 4 in thir ard to read "second reading" rather than "second rating. Motion carried unanimously, • . ___.„ . . • ' •. • • _ . 2949- - • • • • UNAPPROVED DEVELOPMENT COMMISSION MINUTES WEDNESDAY, NOVEMBER 15, 1978 7:30 AM, JAKE'S RESTAURANT & PIZZA PARLOR COMMISSION MEMBERS PRESENT: Chairman Dean Edstrom, Jerry Kingrey, Roy Terwilliger, Tim Pierce, Mike Pohlen COMMISSION MEMBERS ABSENT: Don Opheim and Dennis Truempi STAFF MEMBERS PRESENT: City Manager.Roger Ulstad City Attorney, Roger Pauly Donna Stanley, Planning Secretary I. APPROVAL OF AGENDA MOTION: Pierce moved to accept agenda as published, seconded by Pohlen. Motion carried unanimously. II. APPROVAL OF MINUTES FROM MEETING HELD WEDNESDAY, OCTOBER I1, 1978 • MOTION: Pierce moved to approve minutes of October 11, 1978 meeting as published, seconded by Pohlen. Motion carried. III. ITEMS OF DISCUSSION A. Eden Prairie Foundation • Determine recommendations for Council consideration: 1. Membership (niimbAr & area) MOTION: Terwilliger moved to recommend to the Council that the membership of the Board consist of nine mem- bers, 3 to be appointed by the City Council for 3 year terms; 3 to be appointed by the School District far 3 year terms; and the remaining three to be appointed for one year terms by the Board itself. Pierce seconded, motion carried unanimously. MOTION: Terwilliger moved to recommend to the City Council that the administrative responsibility lay with the City. Kingrey seconded, motion carried unanimously. 2. Gifts from and for charitable, civic and educational • organizations City Attorney Pauly explained that the use of the donations should be as broad as possible, and would • have to fall into a code as outlined in the by18W$ of the Foundation such as: charitable, educational, senior citizens, social, cultural, recreatiOaal, and historical. 2910 Development Commission Minutes - 2 - November 15, 1978 • • 2. Gifts organizations (cont'd) There was unanimous agreement that the Board should be specifi- cally authorized to refuse gifts when necessary. 3. Should there be a minimum contribution (100%)? After discussion, Commission members were in agreement that there would be no problem with small contributions, and a minimum need not be set. . . . 4. Guide lines or areas to be included for dedicated fends, etc. Previously discussed under item no. 2. It was agreed that after approval of the NifOrtOS of Otis date by the Commission, a representative of.the Development. OtmTa9StIOI1 present the draft of the Bylaws to.the GOUfleil. Administration of the Foundation was discussed and the necessary reports and procedures.. IV. COY.mrRCIAL PERMITS ISSUED - QCTOBER , 197'8 Noted and received. . • V. NEW BUSINESS None VI. ADJOURNMENT M©TION: Terwilliger moved to adjourn at 8:40 A.M., seconded by Pohlen. Motion carried unanimously. • -• ry 1 • Prairie East 7th JMJ CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-31 • AN ORDINANCE RELATING TO ZONING AND AMENDING • ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: • Section 1. Appendix A of Ordinance No. 135 is amended • as follows: Outlot B, Prairie East Second Addition, shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 6.5 District. i Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement made as of , 1978, between THE BLUFFS COMPANY and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. - • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8 day of November , 1978 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the —day of , 1978. ATTEST: Wolfgang N. Penzel., Mayor • .ohn D. Frane, City ClerI SEAL published in the Eden Prairie News on the _day of 19.;: Prairie East 7th ' DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , • 1978 by and between THE BLUFFS COMPANY, a minnesota corporation, herein- after referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a • municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for changing of the zoning from Rural to RM 6.5 for approximately 6.5 acres for development of land more fully described in Exhibit A, attached hereto and hereafter referred to as "the property", WHEREAS, Owner desires to develop the property for construction thereon of 52 duplex units (26 bui;zings, 2 units/building) to be called Sherwood Townhouses. NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-31 changing the zoning from Rural to RN 6.5 , Owner covenants and agrees to construction, development, and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping and fee requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council dated 11-1-78 and attached hereto as Exhibit B. 3. Owner shall submit a development plan in such a form and containing such provisions as are approved by the City Engineer prior to final,plat approval or building permit issuance, which shall show proposed grading, stone water drainage areas and direction of flow, preliminary utility plans, ponding area and floodplain high water 9919 levels for 100 year storm and minimum floor eleva;tiafs • Agreement-Prairie East 7th page 2 • 4. Owner shall construct "A" street 32 feet wide (allowing parking • on one side) as depicted on Exhibit B. • 5. Owner shall construct duplex driveways no less than 25 feet in length. 6. Owner shall construct duplex units of which garages shall be considered a part a minimum of 30 feet from the right-of-way of Linden Drive. 7. Owner shall construct all duplex units of which_garages shall be considered a part a minimum of 75 feet from single family lot lines to the north of the property. 8. PriGI to issuance of any building permit,Owner shall construct a trail, 6 feet wide, 4 inches deep, in the location depicted on Exhibit B. Said trail shall be owned and maintained by a homeowner's association of which owners of lots in the property shall be members. Owner shall grant or dedicate to the public , and ownership by homeowner's association of the trail shall be subject to an easement for use of the trail by the public. • 9. Owner shall construct turning lanes at the intersections of Linden Drive and Co.Rd. 18 in accordance with County Highway Department specifications prior to issuance of any building permits and in any event not later than July 1, 1979. Concurrently with the execution hereof, Owner's obligation to complete construction of said turning lanes prior to July 1, 1979 shall be secured by an unconditional Letter of Credit in favor of City in the amount of $7,000 and containing such other provisions as are required by City. In the event the turning lanes are not completed by July 1, 1979, City may draw the funds pursuant to said Letter of Credit and cause to be constructed the turning lanes and pay the cost thereof from said funds. • • Agreement-Prairie East 7th page 3 . 10. Owner shall submit to the City staff for review and approval . a detailed landscaping plan of the property and the single family lots abutting the property to the north prior to issuance of any building permits. 11. All units to be constructed on the property shall be subject to cash park fee payment as required by any ordinance in effect as of the date of issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $200/unit. The amount to be paid by Owner shall be increased .or decreased to the extent that City ordinances are amended or supplemented to require a greater orlessgr amount as of the date - of the issuance of any building permit for construction on the property. . 12. Owner shall propose a plan to eliminate drainage problem in the north central area of the property depicted on Exhibit B for City Engineer's review and approval prior to issuance of any building permit. 13. Owner shall remove all diseased trees existing on the property by April 1, 1979. 14. Owner shall dedicate additional right-of-way along Co.Rd. 18 for a total of 60 feet from centerline. 15. Owner shall excavate all areas of poor soil to an appropriate depth and backfill and compact in order to provide building pads requiring only normal foundations. 16. Owner shall revegetate immediately following grading and construction :, to prevent erosion and soil loss. 17. Owner shall obtain a grading and land alteration permit and other necessary permits from the Riley/Purgatory Creek Watershed District. An erosion control plan shall accompany the permit application and shall be approved by the District. Owner shall conform to District recommendations and rules. ).416. • Agreement-Prairie East 7th page 4 • • 18. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and biturainious surfacing, whether -to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceabie mylar and certification of completion and compliance with specifi- • cations shall also be delivered to the city engineer. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility .systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to • recommendations of the City Engineer and subject to receipt • by the City of Owner's warranty, guarantying such systems against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such systems in such form as shall be acceptable to and containing such further terms as shall be required by the City. 1g. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified • thereon within 60 days from the date of this Agreement. • 20, If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filingin accor- dance with paragraph 19 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 21. Provisions of this Agreementshall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • 22. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other encumbrances&, except:. . . • IN WITNESS WHEREOF, the parties.to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal . corporation BY: lolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1978 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corpor- ation. • Notary Public • • THE BLUFFS COMPANY , a , minnesota corporation . BY:/ .z i/' //r e 2ii/f reeZ,v-e-r allace H. Hustad Its President BY: James W. Peter Its Secretary-Treasurer STATE OF MINNESOTA) 1A v1F'L OSTitd`,C)N �; ; autisr�cauc—wru,=A ass. C:s,' HgNNt VIN COUNTY COUNTY OF HENNEPIN) I rco.....ro...... ap"Y.18.R." The foregoi V� Ei`.g instrument/ �11�) was acknowledged .w..re me this/,(day of , 1978 by hr the /, '/j. and __ the of THE BLUFFS COMPANY , a minnesota corporation o .. a - o e . corporation. lilt `. )ry Public a 2 Y1 • • • • • • • • • Legal Description; Outlot B, Prairie East Second• Addition • • PRAIRIE EAST 7th ADDITION, EXHIBIT A • n . ' 4,,:, / I \1 1 ....;,e'1•...,' --...—- i .1.. 1"-- L . ,( .../0 , ,-. ,44.....,,,,..,, ..-0, „. .. -__.... ,.,..i.:. . . ,-,,,,z,„...., ;7.; .....—• , 0.tt' il \ I #i:,.-.1-1 -4 \ ,.....- %x - • • . ...... : i: \\.,..0.5„--,--3 %,,‘...e '",,,4iisCSkir .: :i ,../ fs) . 1 —,4 r+c: .: t if... u / - i cf ,....-L,, , ..... . ,,.,,,..,:: ,. t ! . ..:.... , t, . . , 0 .. _ 7..,.-- -I, ......-.. tt it .4" /(INN.,....... \\\\I\ f"....e :\ I 0/..eor.S. so;% .. •'....":::','":1; CO r tt. JILJ/ . CITY C- EDEN PRAIRIE, MINNESOTA Re0 6 7� 12V Application for 6 Industrial Development Bond Project Financing 1. Applicant: . ' • • ( • a. Business Name - United Properties, a division of The Northland Company ' b. Business Address - Hamm Building, St. Paul, Mk 55102 • c. Business Form (corporation, partnership, sole proprietorship, . etc.) - Corporation • . d. State of Incorporation or organization - Minnesota • e. Authorized Representative - Boyd D. Stofer f. ,Phona - Area Code 612 298-0200 ; • i 2. MAWS) AND ADDRESSES OF MAJOR STOCXHOI.DERs OR PRINCIPALS: • - • a. Edward H. Hamm, 485 Orono Orchard Road,.0rono, Minnesota (Chairman, INC) • • • b. Austin Chapman, 7015 Tupa Drive, Edina, MN 55435 (President, INC) C. Kenneth N. Stensby, 7112 Shannon Drive, Edina, MN 55435 (President. UP)' B. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: • • The Northland Company, or its predecessor companies, have been in business in tile Starr of Minnesota for over 60 years and Northland is presently nengaged ed inn three developmentinpal ' . businesses' insurance, throughits subsidiary Northland In. parry' banRin , throuh its subsidiaryNorthland Mortgage Company; and real estate 4. DESCRIPTION OFPROJECT and management, through United Properties.• ,. a. Location and intended use; The project would be located just west of the inter-. section of Washington Avenue and Valley View Road on an 8-acre site in the Norsemen Industrial Present ark, 2nhAddiip tion., thect itendedrusee will illsbe for office, warehouse, and • Herleiv Belle ` c. Names and address of architect, engineer, and general contractor: Architect: Bergstedt, Dahlberg, Bergquist, Rohkohl Associates, 400 Sibley Street, St. Paul, Minnesota 55101. . y, ESTIMATED PROJECT COST FOR: 7 witl $ • 365,000' .. •• • Building . 2,050,000 Ikjuipr.en t Tnr l wind Other 1n0s000 • . $ 3,415,000 . . Total . ty of Eden Prairie, run c..,,'-' -„ __. , ,,�lication for Industrial De. '.opnent :snd Project Financing • • egt T%o . . . BOND ISSUE - • • - • a. Amount of proposed bond issue -(tax-exempt mortgage): Not to exceed $3,200,000. b. Proposed date of sale of bond -(tax-exempt•mortgage): May, l97 ,. • c. Length of bond issue and proposed maturities — The tax-exempt mortgage will be for . . a term of 25 to 30 years and will be provided by a single financial institution. 6. -Proposed original purchaser of bonds - The tax-exempt mortgage will be•provided by a single financial institution, arranged through Northland•Mortgage'Compaay.. ; • • e. 'Name and address of suggested trustee - Northwestern National Bank of St. Pauly • St. Paul, Minnesota (or) Title Insurance Company, to.be•selected. • . f_' opy o: any agreement between applicant and original purchaser - Northland Mortgage Company has assured the applicant that the institution will provide such:tax-exempt mortgage. • ' • gy baascribe any interim financing sought-or available - Interim financing will be provided by the mortgagee as part of the tax-exempt mortgage.' • - h. . besetibe nature and amount of any permanent financing Sam addition to bond financing - Any.additional capital required over•the mortgage • amount will be supplied by the applicant. . BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? No, The Northland Company.is based in St. Paul, Minnesota. • b. Nurber Of employees in Eden Prairie? i. Before this project? -0- . • ii_ After this project? Projected employment = 350 • c. 7,pproximate annual sales - $ Unknown . • d. Length of time in business 62 years • - in Eden Prairie (not applIcable) • • c. Do you have plants in other locations? - If so, where? See attached shut for description of other properties in Minnesota. f• Arc you engaged in international trade? No. • • E M71 Es ),MD ADU'tESSE:; OF: . • • a. Underwriter - Northland Mortgage Company • • Suite 570, Southdalu Office Centre • • 6600 France Avenue South ` � Edina, Minnesota 55fi35 { z. • • • ty of Eden Prairie, t-iinnesotn __ . ylieation for Industrial De' opmert and Project Financing • ge Throe . i. Has preliminary financial analysis by underwriter required-by City'policy been completed sod attached - to this anplication? Yes. ' ii. Is underwriter's letter of intent to commit attached to this application? Yes. ' • • O OTE that application is.3ncomplete - if either of.the above is missing} e b. Bond Counsel - Dorsey, Windhorst, Hannaford, Whitn Po aand Ballade to 554®2 • First National Bank Building, a. Corporate Counsel - Maun, Hazel, Green, Hayes, Simod and Aretz • •332 Hamm Building, St. Paul, Minnesota 55102 d, Accountant - Peat, Marwick, Mitchell & Co, St. Paul, pgimyegot• 55101: 2100 American National Bank Building, s ' • DRAT IS YOUR TARGET DATE FOR: . • • • $, Construction start Phase I: Jul January 1979 • • Phase•II: y, b. Construction completion- Phase'I: June, 1979 - Phase II: March, 17 • epplieant understands that the approval or disapproval lo. he Citigned Oen ' 'by the City of Eden Prairie for Industrial Drumlo rant bon fin does not expressly or iepliedly constitute any approval, building,orag, uaivcr of any provision or requirement relating to any or other rule or ordinance of the City of ::den Prairie, or any other t taw applicable to the property included in this project- • United ProTr ptnn a s of_The orthla C any Applicant Bovd St°far l .a pre i den + Sy December 1 1478 pate . • d PrOperties, Hamm • Fun s'uRtnrx Invo':J:rlou, coarnt-r_ .Boyd B.Paul,oMinnesotae55102. Telephone: Building,298-0200 + • 11. toning - to be completed by the city planning department. ... a. Property is zoned - 1,' b. Present zoning (i• (is not) correct for the intended use. c• zoning epi•licution received on {.ft('t yhieh is correct for the intend d required- ('pr1�r11 �it d. varian^cs • • Response to question 7(e) • • I. Other properties in Minnesota owned by The Northland Company. • 1. Westwood Lake Office Park Golden Valley, Minnesota 115,000 square feet ' ::::::,. 2. Edina Professional Building ' Edina, Minnesota 50,000 square feet • 3. Hamm Building St. Paul, Minnesota - - 200,000„square feet 4. State of Minnesota Service Center Bemidji, Minnesota 30,000 square feet 5. •.Contech Building Edina, Minnesota 20,000 square feet 6. Control Data Building • Edina, Minnesota 10,000 square feet 7. Southdale Place (presently under construction) Edina, Minnesota. 80,000 square feet II. Properties managed by United Properties, a division of The Northland Company. 1. Southdale Office Center • Edina, Minnesota • . 500,000 square feet 2, Southdale Medical Building Edina, Minhesota - - 160,000 square feet 3. All buildings listed as owned buildings above. 2.d3 . 78-228 • RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; GIVING PRELIMINARY APPROVAL TO THE PROJECT; REFERRING .THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXECUTION OF A • PRELIMINARY AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Policy and Purpose. 1.01. The welfare of the residents of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts; the encouragement of employment opportunities for citizens of the State; the development of industry to use available resources of the State in order to retain the benefit • of its existing investment in educational and public service facilities; and the more intensive development of land available in metropolitan areas to provide an adequate tax base to finance the increase in the amount and cost of governmental services required to be provided by the State and its local government ' units, including the City, Hennepin County and the School District in which the City is located. 1.02. For the purposes specified in paragraph 1.01 the City is authorized by the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act"), to acquire and lease real and personal property for use by a revenue-producing enterprise, or to loan funds directly to the enterprise to be used for such acquisition, said funds to be raised through the issuance of revenue obligations of the City the interest on which is exempt from federal and, under certain conditions, State income taxes. 1.03. The Northland Company, a corporation organized under the laws of the State of Minnesota (the "Corporation"), desires to undertake a project in the City, at a total cost presently estimated at approximately $3,400,000, comprising the acquisition of land and the design, construction and equipment thereon of buildings comprising 92,000 sq. ft. to be leased for business offices and warehousing activities (the "Project") . The Corporation proposes to immediately acquire all of the necessary land and to construct a portion of the Project comprising 27,000 sq. ft. (Phase I); and to construct the balance of the Project comprising 65,000 sq. ft. (Phase II) upon completion and leasing of Phase I. The estimated cost of Phase I is $1,400,000, and the estimated cost of Phase II is $2,000,000. • • • • • 1.04. The Project, and each. Phase of it, would increase • the level of economic activity in the City, would increase the • tax base of the City, Hennepin County and the School District, • and would provide additional employment opportunities for residents_of the City and surrounding area. 1.05. The Corporation has advised the City that conventional commercial financing for the cost of the Project is available only on a limited basis and at interest • rates which decrease the economic feasibility of the Project; and that tax exempt revenue obligation financing pursuant to the Act would substantially increase the economic feasibility of the Project, and would be a significant inducement to the construction of the Project in the City by the Corporation. 1.06. The Corporation has proposed that the City issue its revenue obligations pursuant to the Act to finance up to $3,200,000 of the cost of the Project, and has also advised the City that the Northland Mortgage Company of Edina, Minnesota (the "Underwriter"), has agreed to purchase or provide others to purchase revenue obligations of the City issued in such amount for such purpose. The obligations are to be issued in two series, one for each Phase of the Project. S Section 2. Authorization. 2.01. Subject to approval of the Project by the • Commissioner of Securities of the State of Minnesota as required by law, and subject to the mutual agreement of the City, the Corporation and the Underwriter as to the details of a loan agreement, a mortgage and security agreement and other documents necessary to evidence and effect the financing of the Project and the issuance of the revenue obligations, the issuance of revenue obligations of the City pursuant to the Act in an amount not exceeding $3,200,000 is • authorized to finance a portion of the cost of the Project. The amount of revenue obligations to be issued with respect to each Phase of the Project shall be determined by and subject to the approval of this Council. 2.02. The Mayor and City Manager are authorized and directed to submit the Project to the Commissioner of Securities for his approval as tending to further the purposes and policies of the Act, and to cause such • information concerning the Project to be submitted to the Commissioner as he shall require for this purpose. 2.03. The City's legal counsel and bond counsel arc authorized to assist in the preparation and review of • documents necessary to provide for the issuance, payment and security of the revenue obligations; to consult with the Corporation and the Underwriter as to the terms and pro- . • visions of the revenue obligations and the necessary documents; and to submit such documents to this Council for • final approval. _ • • • • • Section 3. No Liability of City. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any moneys of the City an the Project other than the revenues thereof or the proceeds of the revenue obligations. The revenue obligations shall not con- stitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of any revenue obligations shall ever have the right to compel any exercise of the taxing power of the City to pay any such obligation or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. Each revenue obliga- tion shall recite on its face that the obligation, including interest thereon, is payable solely from the revenues pledged to the payment thereof. No obligations issued hereunder shall • constitute indebtedness of the City within the meaning Of any constitutional, statutory or charter limitation. Section 4. Project Expenditures. In anticipation of the approval of the Project by the Commissioner of Securities and the issuance of revenue obligations of the City to finance • the Project, and in order that completion of the Prsjeet wr.11 not be unduly delayed when approved, the Corporation is hereby authorized to make such expenditures and advances toward payment of costs of the Project as it considers necessary, including the use of interim financing, subject to reimbursement from the pro ceeds of the revenue obligations when and if issued, but other- wise without liability on the part of the City. . . Section 5. Approval of Preliminary Agreement. The form of Preliminary Agreement relating to the issuance of the revenue obligations authorized in Section 2, presented to.the Council at this meeting, is hereby approved, and the Mayor and • City Manager are hereby authorized and directed to execute the. Preliminary Agreement on behalf of the City. Section 5. The adoption by the City of this resolu- tion does not constitute a guaranty that the City will issue the note(s) as requested by the Corporation. The City retains the right at its reasonable discretion to withdraw from parti- cipation, and accordingly not issue the note(s) should the parties be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction. Adopted December 19, 1978. • Mayor Attest: City Manager . • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-46 _ AN ORDINANCE LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR AND AMENDING ORDINANCE 202 AS AMENDED BY ORDINANCE 320 • SUNDAY LIQUOR SALES THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: SECTION 1. Ordinance No. 202, Section 2, is amended to read as follows: "Section 2. License Required. "Subd. 1. No person except wholesalers or manufacturers to the extent authorized under State License, and except • the municipal liquor dispensary, shall directly or in- directly deal in, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Ordinance. Licenses shall be of fthreel four kinds: 'On Sale', 'On Sale Wine',fand]'On Sale Club'' and 'Special Sunday On Sale'. • • "Subd. 2. 'On Sale' licenses shall be issued only to hotels and restaurants. "Subd. 3. 'On Sale Wine' licenses shall be issued only • to restaurants meeting the qualifications of Minnesota Statutes, Section 340.11, Subd. 20, and shall permit Only the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. "Subd. 4. 'On Sale Club' licenses shall be issued only to cl':bs. "Subd. S. Special Sunday on Sale License. is Sunday on Sale licenses for the sale of into:: cat nq liquor on Sunday may be issued in accordance with Minnesota Statutes 346.14, Subd. 5, only to hotels, restaurants, and clubs as defined in Section 1. hereof, . to which "On Sale" licenses have been or will be issued. 29 ,T • SECTION 2. Ordinance No. 202, Section 7, Subds. 1 and 3, are amended to read as follows: "Section 7. License Fees. "Subd. 1. The annual license fee for an 'On Sale' license and, -TOrn Sale Wine' license shall be in the amount as set forth in Ordinance No. 280 as it may be amended. The annual. license fee for an 'On Sale Club' license shall be $100.00 4 and for a 'Special Sunday On Sale' license shall be $200700., "Subd. 3. The fee for an 'On Sale', 'On Sale Wine', Spe ial Sunday On Sale' license, or an 'On Sale Club' license granted after the commencement of the license year shall be prorated on a daily basis." SECTION 3. Ordinance No. 202, Section 12, is amended to read as - follows: "Section 12. 'fours of Operation. "Subd. 1. Except as,provided in subdivision 2 hereof i no sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until 8:00 a.m. en Monday nor between the hours of 1:0o a.m. and 3:00 p.m. or any Memorial Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any primary, special or general electn. • of the City of Eden Prairie. No 'on sale" shall be made between the hours of 1:00 a.m. and 8:00 a.ut. an any weekday. No consumption of intoxicating liquor shall occur on the premises after 1:15 a.m. nor until 8:00 a.m. on the following business day. "Subd. 2. Notwithstanding the provisiong of subdivisiOn 1, hotels, restaurants and clubs having Special SundaZ On same— licenses may serve intoxicating liquor between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays." FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and finally read and adopted and order published at a regular meeting of the. City Council of said City on the day of ,1978. Wolfgang H. Pennel, Mayor ATTEST: (SEAL) John D. Frane, City Clerk Published in the Eden Prairie News on the day* of ' _ () denote deletion. Underlining denotes new 2444 - �_. N„ ::._, CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-232 RESOLUTION RECOMMENDING AN APPOINTMENT TO THE METROPOLITAN TRANSIT COMMISSION BE IT RESOLVED by the City Council of Eden Prairie that Edward Hjermstad be considered for appointment to the - Metropolitan Transit Commission for the following reasons: ADOPTED by the Eden Prairie City Council on the day of December, 1978. Wolfgang H. Penael, Mayor ATTEST: SEAL John D. Frane, Clerk 260 MEMORANDUM TO: Mayor and City Council City Manager Roger Uistad SUBJECT: Adjustment to 1979 Public Safety Budget DATE: December 15, 1978 Council will recall that in recommending a Public Safety Budget for 1979 I eliminated the request for three additional Public Safety Officers. One of the reasons 'ft cutting this item in the budget was due to not being comfortable as to the need for • these additional people. Since last October I have been examining various aspects of our PublllcSafety reviewing the time spent in various areas of responsibility, .One of these treat i.b the School Liaison Program. This is a '504,50 cost sharing program with,the-,Seltud Dietrict. When the program was first initiated the enrollment In 1973 40as40prOR1mato1y LODO students - today we have an enrollment of 3,100 students, plus year-retold sthoal The time spent with our young people and working with offrndprs-without gUeStion intreased and is very beneficial to the community. In addition, our Cit'Y's '! population has increased substantially the past two years which does require additional service (present population approximately 15,000). It is for the above reasons that I would like to request the Council to consider an afiltndMent to the 1979 Public Safety Budget of $18.750,O0 to be transferred i s the unappropriated surplus of the General Fund to the Public Safety Department.fOt itte purpose of adding one additional police officer to our department (the Public'Safety Department numbers 16 officers plus the Chief). The additional man will Oe s ected fr.am at-large applications and will be employed at the entry salary level, His work& Load will consist mainly in the area of traffic control. RKU:SP NATIONAL PUBLIC EMPLOYER �. ., :::: :0c:: ra . Chicago,Illinois 60603 Telephone(312)7E2-1752 WASHINGTON OFFICE 1800 M Street,N.W. Washington, D.C. 20036 NEWSLETTE ,ri,v SPECIAL BULLETIN Editor; R. Theodore Clark, Jr. Assisted by: Bettye S. Kitch Vol. 1, Special Bulletin (November 1, 1978) FEDERAL WAGE/PRICE GUIDELINES: APPLICATION AND EFFECT ON LOCAL GOVERNMENTS On October 24, 1978 President Carter unveiled a new anti-inflation program which includes voluntary wage and price guidelines. Compliance with the a uidelines will be monitored by the Council of Wage and Price Stability (CWPS). Because of.the immediate impact.of these.guidelines.:sn. . public'"sector employers, this special release has been— prepared. Although much of the program remains sketchy as of today, some details have been released by CWPS. First, it must be noted that the wage/price guidelines are voluntary and not mandatory as were previous controls Copyright 1978 by NPELRA and R. T. Clark, Jr. 2+ • • _2_ in 197i-74. Secondly, CWPS will be focusing its attention on the nation's top 400 companies and major unions, who represent about 40% of the Gross National Product. However, the guidelines are intended to apply to state and local governments. We. have been advised by CWPS that the guidelines apply not only to wages paid by public • employers, but also to the prices set by local units of government for all services and/or goods provided, i.e., garbage collection, water, sewer, electricity, etc. PRICES The standard ceiling for price increases is 0.5 percentage point below the average annual rate of price increases during 1976-77. If "unavoidable" costs have increased, then price increases can exceed the guideline above. However, any such price in- crease must not generate excess revenue. WAGES • Standard ' . The standard ceiling for wage increases is a 7% annual increase in wages and private fringe benefits frhich include those paid by the employer:.as part of the comperlsatiTo d package and include pension and health insurance programs, paid vacations and holidays„ etc. Mandatory fringe benefits, such as employer social security contributions, are not to be included in the calculations. Pay does not include overtime pay so long as IR conditions of its receipt are not changed. Formula for Determining Pay Standard for Collective Bargaining Agreements An employer complies with the pay standard if the annual rate of pay-rate change over the life of each collective bargaining agreement negotiated during the year is no greater ;,Erin 7.0 percent. This compliance criterion is computed by the following • formula: 1 / W \ T T 1 — 1 X 100 7.0 (1F—) • 0 where W = the pay rate at the end of the period covered T by the new contract, H = the pay rate in effect at the expiration of the 0 period covered by the previous contract, and T the length of the period covered by the new contract (in years or fraction thereof). Multi-'tear Collective Bargaining Agreements NxMulti-year agreements negotiated after October 24, 1978, are limited to an annual avcr4 increase of 7°;. However, an 8% increase is permitted in the first year of the multi- year agreement, provided the agreement averages 7% per year. • 2442, -3- Coverage To calculate permissible wage increases, employees must first be divided into three.gro (1) management, (2) employees covered by collective bargaining agreements, and (3) non- managerial employees not covered by a collective bargaining agreement. Each group of e ployees subject to a particular collective bargaining agreement will constitute a separ employee unit for purposes of determining the 7% ceiling. In determining compliance wi the wage guidelines, the increase in any one unit must average 7% per year. Thus, for example, individual management employees could be accorded different percentage in- creases, above and below 7%, so long as total increase for the entire employee unit averages 7%. Exemptions Several important exemptions have been provided for: (1) The pay standard does not apply if: (a) there was a written contract or memorandum of agreement covering wages and benefits in effect prior to October 24, 1978; or (b) there was an announcement of pay increases for non-union employees prior to October 24, 1978, to be effective at a later date - if it is the employer's historical practice to announce its pay in- creases to employees at such time, to be effective at a later date.* (2) The pay standard does not apply where a tandem relationship exists. For example, if parity between police and fire employees is historical or if non-union employees have traditionally been granted the same Increase as union employees, then increases to such groups of employees in excess of the 7% standard would be allowed if the original group's pre-October 24 agreement was greater than 7%. (3) The pay standard does not apply to "low wage' employees, i.e., those re- ceiving $4.00 per hour or less. (4) An exception from the pay standard is possible if employees discontinue restrictive work rules and practices and if demonstrable productivity in- creases result. * Two other possible exemptions to the pay standard have been mentioned in "Questions and Answers" issued by CWPS. These two are: (1) if there was a written management offer outstanding on October 24, 1978 and the contract is later signed with wage and benefit terms that are no higher; (2) if there was evidence of an oral agreement covering wages and benefits between the parties prior to October 24, 1978. NOTE: Since these two exemptions are not specifically mentioned in the official regulations issued by CWPS, further clarification of their status may be necessary. 21)3 • -4- Enforcement CWPS will monitor wage performance by following trends in the average hourly earnings data already collected by the federal government. At this time, there is no general reporting requirement for state or local units of governments. Sanctions At this time there are no sanctions against state and local government units and none are contemplated. The receipt of federal revenue sharing funds or other grant monies are not affected by these guidelines. Local government officials should be aware, how- ever, that the federal government may choose to effect compliance by increasingly stringent monitoring of various federal grant programs. MISCELLANEOUS Cost of Living Adjustments To determine whether the annual rate of pay-rate change is consistent with the pay standard, formulae for COLA's should be computed on the assumption of a 6% annual rate of inflation in the CPI over the life of the contract. • CETA Employees CETA employees will not be subject to the federal hiring freeze imposed by President Carter, since CETA employees are not considered to be federal employees. Promotions Increases in excess of 7% can be given to an employee who Is promoted, so long as the average wage within the unit is not increased by more than 7%. New Employees The pay standard does not apply to individual workers whether they are new or old em- ployees. But the average wage paid by the governmental unit should not rise by more than 7% during the year for the employee unit as a whole, regardless of turnover or increases in its workforce. Small Collective Bargaining Unit(s) Collective hernaininq units which account for less than 5% of the employer's workforce need not be separately identified, i.e., such employees may be included in the "all other" (non-managerial) employees category. Real Wage Insurance The President will propose to Congress in January a program of "real wage insurance" for those who observe the wage standard. Basically, the program would provide a tax refund to employees who are within the 7% standard if the CPI increases by more than 71 The refund would be equal to the excess of the CPI increase over 7% applied to the employee's wages, up to some "reasonable" [not yet defined) limit. This program is subject to Congressional enactment which may or may not take place. It is important to note that the program detailed above is still in the earliest stage: of formulation. The information provided is the best that we have been able to glean. in the last fee/ days. As CWPS gears up, there will undoubtedly be more pronounce is eeich will affect local and state governmental units. These developments will be re- petted in the IPELRA Newsletter as they occur. 12/15/78 and • • CITY OF EDEN PRAIRIE HENN.EPIN COUNTY, MINNESOTA ORDINANCE NO.78-229 AN ORDINANCE RELATING TO AND ESTABLISHING SUBDIVISION REGULATIONS FOR THE PLATTING AND SUBDIVISION OF LAND AND AMENDING ORDINANCE NO. 332, AND ORDINANCE NO. 93, SECTION 11, SUBDIVISION 1, RELATING TO PARY.S, PLAYGROUNDS, PUBLIC OPEN SPACE, STORM WATER HOLDING AREAS AND PONDS. The Council of the City of Eden Prairie does ordain as follows: Section 1. Ordinance'No. 332 and Section 11 of Ordinance No. 93 are hereby deleted and the following substituted therefor: Section 11. Parks, Playgrounds, and Public Open Spaces: Subd. 1. The subdivider shall consult with the Parks, Recreation and Natural Resources Commission, at the time his sketch plan is under consideration, to secure its recommendation as to the location of any parks, playgrounds or other public property. The plan shall show the locations and dimensions of all areas to be dedicated in this manner. Subd. 2. Where a proposed drainage way, park, playground, school site or other public site, as shown on the comprehensive development plan, is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated, such sites shall be reserved and no action taken towards approval of a plan or plat for a period not to exceed ninety days, to allow the proper governmental agency the opportunity to consider and take actions towards the acquisition of such public ground or park by purchase or other methods. Subd. 3. The owner or owners land being subdivided for residential, commercial, industrial or other uses, or as a planned unit development which includes residential, commercial and industrial uses, or any combination thereof shall contribute an amount in cash based on the following schedule: TYPE OF DEVELOPMENT FEE PER UNIT Single Family Detached $325 All other residential uses $250 Commercial/Office/Industrial Use $1,200 • Subd. 4. That any money received hereunder shall be placed in a special fund by the City and used only for the acquisition, assessment abatement, and develop- ment of land for parks, playgrounds, public open spaces, development of existing park and playground sites, public open space and debt retirement in connection with land previously acquired for such public purposes. K/!5- • • -2- Subd. 5. At the City's option subdividers and developers of residential land within the City of Eden Prairie may be required to dedicate, in lieu of cash fee, that percentage of land within the development as set out below: • SINGLE FAMILY RESIDENTIAL (.05 acres/unit) Dwelling Units Per Acre Land to be Dedicated 2 10% 3 15% 4 20% MULTIPLE FAMILY RESIDENTIAL (.0385 acres/unit of multiple) • Dwelling Units Per Acre Land to be Dedicated 3 11.5% 4 15.4% 5 19.2% • 6 23.1% 7 26.9% 8 30.8% For each unit above 8 per acre, increase land to be dedicated by 4%. • Subd. 6. At the option of the City the developer may be required to dedicate a comtlnation of land and cash fee. The City may substitute a portion of the fee • or amount of land to be dedicated by accepting development of the park laud such as grading, seeding, etc. Subd. 7. In ascertaining the amount of money and or land dedication required herein to be dedicated to the public for public use, the City may take into consideration the open space, park, recreational common areas and facilities which the subdivider has provided for the exclusive use of the residents of the sub- division. Subd. 8. Payments required by Subdivision 3 may, at the Council's discretion, bo deferred until such time as a building permit is issured for the property involved, but will normally be required as follows: (1) One hundred dollars ($100) per unit paid at time of plat approval for all residential subdivisions. (2) Two hundred twenty-five dollars ($225) per single family (detached) unit paid at time a building permit is issued. (3) One hundred fifty dollars ($150) per multiple family unit paid at time a building permit is issued. (4) Twelve hundred ($1200) per acre paid at time of building permit is issued for all commercial, office, and industrial development. • o ' • -3- Section 2. Mini Parks and Tot Lots. Subd. 1. •The City Council recognizes that it is essential to the health,. safety and welfare of the residents of the City of Eden Prairie that mini parks or tot lot areas be provided to serve young children in the immediate neighborhood. The preservation of these small open spaces within neighborhoods, especially in areas of high density, is essential to the maintaining of a healthful and desirable environment for all of the citizens of the City. Subd. 2. Subdividers and developers of residential plats containing over units may be required to provide a mini park in addition to the neighborhood .. park fee or land dedication. The mini park requirement may be required as a density transfer and shall be a minimum size of one acre, and increase in size at a rate .of 1 acre per SO units served. • Subd. 3. The developer shall be responsible for developing the mini park as per spec. ifi 'cations outlined by the City Council. . .on 33. Low and Moderate lin.eme 1lousi.n# Dedication. Subd. 1. Whore a subdivider or developer participates in a program n!housing for low and moderate income families, the City Council may reduce the emniti t of dedication to reflect the percentage of such housing in the development. Section 4. Effective Date. This ordinance shall become effective upon its adoption -7d publication. FIRST READ at a regular meeting of the Council of the City of Eden Prairie this day of , 1978, and finally read, adopted and ordered published at a regular meeting of the Council of said City of Eden Prairie on this day of 1979. Wolfgang Penzol, Mayor • ATTEST: • John D. Franc, City Clerk SEAL Published in the Eden Prairie News on the day of MR! . - MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager . FROM: Bob Lambert, Director of Community Services 'RM.- DATE: December 15, 1979 SUBJECT: Park Dedication Ordinance At the December 4, 1978 meeting of the Parks, Recreation and Natural Resources . Commission, I discussed the need to increase the current Cash Park Fee. I also indicated that Ordinance No. 332 caused some concern and confusion when and if the City ever decided to opt for land in lieu of cash. The ordinance states that owners of land being subdivided "shall dedicate a reasonable portion" of each proposed subdivision to the public as parks, etc. Defining "a reasonable portion" is difficult, because 10% may be reasonable for single family developments, and 20% may not be enough in a high density development. The major problem with our present system of collecting cash park fees is the timing of when we collect. We haven't been able to afford to purchase parcels prior to development pressures; therefore, we wait until a developer is right next to the parcel and attempt to negotiate a reasonable price per acre. Be this time, because of the pending development, the price of the land has increased substantially. Cm December 4, I recommended to the Commission that we immediately request an in- crease in the cash amounts, and to begin re-writing the ordinance, spelling out the specific amount of land to be required, and to require a portion of the fees to be paid at time of plat approval. LAND DESCRIPTION • Many cities specify between 10 and 150 of the land or value of the land as park dedication and up to 25% of the land in multiple family developments. I feel the park dedication ordinance should be based on each resident paying an equal amount toward the acquisition and development of park and recreational facilities in their respective neighborhoods. That is the rationale for charging less per unit for multiple family than single family when requiring cash park fees. ($325 for single family, $250 for multiple family unit.) Wo know that the average • number of people per single family dwelling is higher than the average number in multi family dwellings. I have used the base amount of land as 10% of the development for single family developments of 2 units per acre. Ten percent of the land at 2 units per acre equals .05 acres of park or public space for each unit in a single family develop- ment. In a subdivision of 200 units on 100 acres, the developer would be required to dedicate 10 acres. If the developer had 250 units on 100 acres the City would require 12.S acres. • :lad$ • • -2- Ta figure what the multiple family requirement should be, I used the same formula only reducing it to 77t of the single family requirement. ($250 M.F. t $.325 S.P. 77%) Seventy-seven percent of .05 m .038S. A multi family subdivision of 200 units on SO acres would require dedication of 7.7 acres. This would be equivalent to 4 units per acre and a open space dedication of 15.4% of the land developed. CASH FEE PAYMENT TIMING The City if having a difficult time purchasing property for neighborhood parks because often we are forced to begin acquisition of a parcel with a substantial down payment and to complete the acquisition within five years. We don't receive fees from the adjacent developments until they begin taking out building permits. This is often six months to a your after plat approval, and perhaps that long or longer since the City was forced to purchase the land to.keep it tuna being developed. I realize it would bo very difficult for most developers to pay the entire park fee "up Lunt" or at plat approval. However, the developments are the reason for the need for the park and I feel it is appropriate to require*portion of the,pnrk. fee at plat approval. 'Thie will allow the City to at least make a down pit or acquire an ept$on.pg proposed park property. I am recommending laying $100 per unit at plat approval., the remaining at time of building permit. l have not recommended any "up front" payment from developers of rnmmrreial, office industrial, mainly because we usual;; aren't having to acquire parkland itmnediatoly because of that type of development. That type of development isn't causing sing a need for neighborhood parks, and is not occurring on or near.:proposed neighborhood park sites. MINI PARKS AND TOT LOTS The City Council has been requiring mini parks in many of the large developments in addition to the neighborhood park fee. I felt that it would be appropriate .. to spell out the commitment on mini parks in this ordinance on park dedication, A copy of Specifications for Mini Parks dated November 13, 1978 is attached. Bl and • 29g9 _:, . . ..:w... . CITY OF EDEN PRAIRIE 11/13/78 SPECIFICATIONS 'FOR MINI PARKS PART I - Turfgrass area A. The developer shall prepare the ground surface area of the mini park by supplying at least 4" of topsoil over the finished subgrade. Topsail shall be of the same quality or better than that of the original site and shall be capable of supporting a cultured turfgrass. Topsoil shall be raked out to a smooth finish prior to seeding. All rocks of 1" .and , larger shall be removed prior to seeding. 8. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,000 sq. ft. Turfgrass mix shall be as follows: Park Kentucky Blue Grass 35% Aquilla Kentucky Blue Grass 15% Common 86/80 Kentucky Blue Grass 25% Ruby Creeping Red Fescue 25S Variations in turfgrass mix shall be approved by Com unity+SerVices.Staff prior to seeding. Planting times shall be April-flay, August 15-September 15, late tictober, or by approval of Community Services Staff. PART II - Play Structure • ~ A. Play structure shall be Landscape Structure Tot Lot F according to Catalog 8 or equivalent. Structure shall include climbing, sliding, and swingl`ny devices. All wood components shall be 4"x6" and 6"x6" redwood, free of heart center. All support posts shall extend below ground surface to a depth of at least 3'6". B. Play structure shall be enclosed in a sandlot 20' in all directions from •• ` ' components of the structure. A barrier shall be constructed to encircle the sandlot and play structure. The barrier shall be constructed of cedar, •red- wood, penta-treated wood, pressure treated wood or concrete. Barrier shall have a continuous .,idth of at least 4 inches and extend above the pound at leant 12" and not more than 18". Barrier shall extend at least 316" below ground surface to prevent frost heave. Sand shall be placed to a depth of at least 12" throughout sandlot area. phew {waama bmmOU w.owu*ea 361615° ,Woos • 1.1114 w.� I G P(7 motors dkl4�0 1 Mini Parks -2- 21/13/78 PART III - Access to Mini Parks • A. All accesses to mini parks will be provided with an 8' wide bituminous 1 pathway. Pathway shall be a 2" bituminous mat laid over a 4" crushed limestone base or 4" deep strength asphalt laid over compacted subgrade. Mini parks shall have direct abutment to a City street on at least one side. PART IV - Tree Plantings A. Trees shall be planted at the rate of 5 per acre in groupings throughout the mini park area. Tree plantings shall be from the following varieties: Deciduous Evergreen Hackberry Scotch Pine • Ash Austrian Pine Sugar Maple Red Pine •' Norway Maple Black Hills Spruce Red Maple Colorado Green Spruce • Linden Douglas Fir ' Thornless Locust • Oak Birch Deciduous trees shall be at least 14-2" caliper and evergreens shall be at least 4-5' in height. . B. Existing desirable overstory tree species may be used as part of the planting requirements. PART V - Maximum Grade . A. The maximum grade of slope shall not exceed 6% over 50% of the site. • PART VI - Mini Park Acreage Requirements A. Stormwater holding pond acreage may be adjacent to mini parks, but will not be accepted as a substitution for mini park acreage requirements. B. Mini parks should be at least 2 acres in size, and should have a service area of 4 mile. . The standard procedure for acquiring mini parks will be through density transfers for the acreage and density trade-off for the development. 3Uv1 • • • MEMORANDUM • L'T0: Parks, Recreation and Natural Resources Commission • PROM: Bob Lambert, Director of Community Services DATE: November 29, 1978 SUBJECT: Updating Ordinance 0332 • The purpose of Ordinance #332 and Section 11 of Ordinance #93 is to insure all developers in the City provide parks and paygrounds for the people in the sub- divisions they are creating. This requirement is meant to insure the City that „new subdivisions will contribute toward an attractive, orderly, stable, safe and wholesome community"; and existing residents will not have to pay for the neighborhood parks and facilities of the new subdivisions. • Each neighborhood should pay a sufficient park fee to acquire and develop their own neighborhood facilities. Bond referendums voted on, and paid for, by ail ' Amebas of the community should only be used for acquiring and developing community parks, playfields and facilities, i.e. Round Lake Park, Staring Lake Pak, Mitchell Lake Park, Community Center, etc. (It is very unlikely that a referendum would pass that would acquire - develop specific neighborhood parks.) • Park fees from industrial and commercial developments should be used to acquire and develop areas of the City that were developed prior to cash park foe ordinances. C dinance 0332 requires a fee of $275 per single family unit, $200 per u .4 for .� .a multipe dwellings, and $1,200 per acre for commercial or industrial use. These fees were established using a formula based on each neighborhood park serving a id mile radius. This formula also figures a service area for 3,000 people or 1,10D units per neighhorhood park. • • The fees should cover land acquisition costs, assessment costs and development costs on a neighborhood park of 20 acres of developable property. Assessments vary a great deal, but a typical sewered 20 acre site with frontage on a city street would have approximately $50,000 in assessments against it. Development costs on a 20 acre neighborhood park vary a great deal depending on • terrain, soil type and facilities constructed. A typical 20 acre site development cost would be: • Grading and Seeding $45,000 (2) Tennis Courts 25,000 (1) Hockey Rink 15,000 Block Building 25,000 Multi-Use Court 10,000 Parking Lot 6 Access 5,000 Plantings 5,000 total $130,000 �- • - • • • • Updating Ordinance ft332 -2- 11/29/78 The $275 per unit fee was based on land acquisition costs of approximately $6,000 per acre. 20 acres 0 $6,000/acre $120,000 acquisition 50,000 assessments 130,000 development 300,000 $275 x 1,100 units r $302,000 The cost of land is increasing rapidly each year (as is the cost of development.) The $275 fee was sot in 1976 and it is obvious that it is not sufficient to pay for much of the land we are attempting to buy. It should also be noted that the price of land varies a great deal within the community, depending on the location of the site, the terrain and soils. Malty cities have adopted park dedication ordinances based on land dedication of a percentage of the land area to be subdivided or a cash sum equivalent to that same percontage of the assessed value of the land to be subdivided. This seems.to be a fair method because the fees vary according to the cost of the land. • The assessed value should be determined on the value of the land AFTER subdivision approval. • The City of B'-ino had a 1974 ordinance that required 10% dedication of land plus a cash sum equivalent to St of the assessed value of the land to be subdivided; • or a cost sum equivalent to 15% of the assessed value of the land to be subdivided. Blaine had a problem determining the value of the land in every subdivison, therefore in 1978 they revised their ordinance to having the developer either pay $150/residential dwelling, or $200/acre for commercial and industrial property; or to dedicate at least 10% of the land subdivided or an equivalent cash contribution, and 5% facility dedication. The City can accept any combination of land, facilities, improvements or cash totaling 15% of the value of the land. The only problem with an ordinance based on a percentage of the land value is the problem of administering the collection of fees. Each subdivision would have a different fee. • I would recommend increasing the current feo set in Ordinance 0332 to $325/single family unit, $250/multiple family, (not changing the $1,200/acre for -nmmercial and industrial) to take effect January 1, 1979. I would also recommend revising the park dedication ordinance to specify a percentage of land to be dedicated, if we choose land in lieu of cash, also to specify a dollar amount facility charge if we take land. This change may take several months, the increased fees would be charged in the interim period. BL:md k • MEMORANDUM • TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: December 15, 1978 SUBJECT: Mitchell Lake Park Acquisition On November 30, 1978, I attended a meeting at the State Planning Agency to go over the final application form for our 1979 LAWCON Grant. • At this meeting, I was informed that the State and Federal government no longer enter into multi year projects on land acquisition. This means that the City is not guaranteed any future grant money for acquisition of the proposed park property along the southern shore of Mitchell Lake. Our 1978 grant is programmed for $66,500 of LAWCON (Federal) money, $33,250 LCMR (State) money, and $33,250 local money. The grant money will be reimbursed to the City when the City has a warranty deed on the property. Therefore, the City must obtain a • deed on each portion of the site purchased ;pith grant money. On December 6, 1978, I met with the Miller Brothers to discuss extendieg the option on the 73.68 acres. I also asked what their feelings were on dividing the site into five parcels and obtaining options on each parcel. The Miller's feel very stongly about selling the entire 73.68 acres as one parcel, and do not wish to divide the property. They would extend the option one year, under the same terms ($115,000 paid December 30, 1978, balance to be paid in four equal annual installments with interest rate of 6% per year on the unpaid balance, the price to be adjusted each year by the amount of taxes and assessments paid on the property) for an option price of $50,000 for one year. The $50,000 would be included in the purchase price. The reason for the high option price is to insure the Miller's that the City would btuy the entire 73.68 acres. The City cannot receive any grant money on any "project" if the City has already entered into a contract for deed on any portion of the project. However, the City may enter into an option and make payments on the option and those option payments are reimbursable through both state and federal grants. • I would recommend that the City enter into a five year option on the Miller property, that would allow the City to acquire warranty deeds on portions of the property acquired through grants. I would assume that we will have to keep a substantial sum out in front of the property acquired to keep the option from expiring. Mitchell Lake Park Acquisiton -2 12/15/78 I have requested the Miller's attorney to consider allowing the City to enter into a five year option for $50,000, and to include in that agreement that the $50,000 would be included in the last payment on the 73.68 acres. Also to allow the City to purchase portions of the site within that five year period at the agreed upon price in the option. If the City did not purchase the entire 73.68 acres within the five years the City would forfeit the $50,000 option extension and the $5,000 option cost to date. (Total $55,000-last payment) The City could then proceed to continue applying for grants to complete acquisiton Of the site within five years. If we divided the site into five parcels of approximately 14.75 acres each (as shown on the attached sheet) I believe we would have an excellent chance of receiving grants On parcels 1, 2 & 3, a lessor chance on 4 & 5. The City's net cost would be as follows: (Anticipated) YEAR PARCEL ACRES TOTAL COST GRANTS CITY COST 1979 1 14.75 $133,000 $100,000 $33,000 1980 2 14.75 $133,000 $100,000 $33,000 1981 3 14.75 $133,000 $100.000 $33,000 1982 4 14.75 $ 55,000 $55,000 (1983)* 5 14.75 $ 55,000 $55,000 $509,000 $300,000 $209,000 *Option cost applied -pre-paid. If the City does not receive grant money on pacels 4 and 5, I would recommend considering to sell them for development. In 1982 the property would be worth condierably more than the $6,785 per acre we are paying for the entire 73.68 acres. Therefore, we should be able to be reimbursed the entire $209,000 of the City's cost. The City would have to use cash park fee money for it's acquisition and complete the pruchase for the matching portion through an escrow account. • If the City received grants for the three parcels, and if the City decided to sell the easterly 29.5 acres, the City could conceivably acquire a 44.18 acre park along the shoreline of Mitchell Lake for very little if any net cost in City funds. I want to emphasize, however, that I cannot guarantee that the City will receive any more grant acquisition money for Mitchell Lake Park. • BL:md 3(U frY �Sx ' 14 .}t• 3. e • �N f, 1 Ia •� ;lb, a V . ; *-;,..i, 1.--f-,°.' 1' -.1'.! •'•• (‘t,:---i _,...."11':'''''. :•'" s 4.1:1. • tr ; „ P(i,� � _4 r .T� •l 3rA �f. r, fir• •., SI +'' ,' Fs J { a �•rY 6"" ti:'i' a P ,a1'�4t • ♦ °':. 4 ti !, o • a. 7 tis •a q 1 f{{}f2"".. 1.• 5 'aa a•' k# ,•�' `r'r t 3. .a,.: 4� } Ir` } �{ re.�< ���1,r4ti' , 1. a •I 1� Sr: f wy � 1 t . dry_,�, s � / { r i r yl r ( . e. } • r .�f• •i x rh ,,_. ^! CaJ �-,!,iY1 i 4 k!r •F; ,' r' t I,y ••..� ••yt i :•to +tP} '' ,t t e ��'`'':*r.•!'S° t a - .vim'„.-.••• . ":. ' '',• 0 , r ! ;�i 15r !.. it ¢ .� •S4 d` ` °ir a• ta a;'�n : . .....,: �J i' � : i+;r::1 ; .�f ' V:::.'..7:4;-;:;...::':fd.11::::;.:::-..... t_�,Y , :Zii1M.;yt` t�1 ,t f,,(, w M .YS� ;1`sAb . a1 ,, _{ .-,71i �.t,"� _,..i c • id ( vw 1//!►� e� r',. 4la. tiy Ys}t#tt4,1 ,,,,,_ :. . �', ,':- Pt i . .. r .'2.4 ...,.',' . ';.:-: It.t 01) :. .,:. , '-;;.;:' ..?,* • • -1-?....i.,-;c r'I''.. "',9".'',::.;:rf.:1",..4. ' •—-- . '* • t 7./ i, G}F} .P'-1 i.. i s'tc1# / / r !` t 1. •I /'17?/diJ t a // 4 • MEMO TO: Mayor Fenzel and Members:of the City Council THROUGH:" Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: December. 14, 1978 SUBJECT: Bids for Public Works Equipment Bids were opened on Tuesday, December 12, 1978, for a jetting machine, educe • for machine, and a tractor mower. Bidders were allowed to bid one, two .: all three pieces of equipment with a deduct provided for a combination.awa d Alternates were provided for diesel engines in the fetter and*duster, but diesel only was specified for the tractor mower.. A trade-in.allewam provided with the tractor mower bid fur the City's used tr'aOIDP. .; ; The bidders were also allowed to submit"rites for used or demonstrator: etting and eductor machine:<.• The attached swmntary of'bids shO EhB l+et bid prices received from each bidder with the deducts for,c abitiE1xut. award and the tractor mower trade-in allowance included in thepr1 ea li e'` Itasca Equipment Co. submitted a bid for a combination Jotter end inductor "• machine called a vaster, rather than separate units as called for in the specifications. This combination machine is a good unit, boudr we believe ` that the separate units, as bid by McQueen Co., provide acre versatility and. better suit our needs. It is recommended that the City Council award the bids for the.letting :mac*...• The and eductor machine to McQueen Equipment Co. in the *mount of $ 1,2 1,00, • The jetting machine is new but the eductor is a used demonstrator unit':With a 1972 Chevrolet chassis. The truck engine of this demo unit will be can • - pletely overhauled prior to delivery and a 90 day warranty will be.•,pro 3ded . . for the engine and drive train. Our City mechanic has inspected this demo unit and has found it to be in good condition. The diesel engines farr'..the.. jetting machine truck and auxiliary unit are not recommended because 4.f the.. low annual mileage expected and also diesel fumes from the auxiliary mine • could be noxious for the operators. Recommend bid award for the tra ter • mower to Valley Equipment Co. in the amount of $15,064. CJJ:kh • Attachment „.1 • SUMMARY OF BIDS RECEIVE@ 12/12/78 • FOR PUBLIC WORKS EQUIPMENT • McQUETN EWIPMENT Jetting Mach. & Eductor Gas $61,9f .OD Diesel $76,582.00 Jetting Mach. & Demo Eductor Gas $61,162.00 Diesel " a $67,358.00 Gas Jetting Mach. & Alt. Bid Demo $63,231.O0 Diesel ° as a as u $9 427.00 tAKELAND FORD TRUCK SALES Jetting Mach. & Elector Gas 564,1514I:0 Diesel Jetting Mach. & Eduttor $78,853.23 Deduct for 17 N.P Diesel Eng. 1,208,OO on Trucks Total— . .$77,653. . . . .. ITA$ EQUIPMENT CO. Jetting Meath. & Vactnr -! Diesel not available o'n•�Jetting Mach, Tractor Ford 5600 I Tiger.R Mower Tate. .�3.0000 Less trade in & ,Deduct Comb. award. - 5...5Oi1.00 Total. . 1. 83:00 :,11;t1BLE PIPE TOOL CO. Jetting Mach. Gas {$E�8.2.59•.00 .. .1 11 Diesel „7r3". .'. : LGtis LAKE FORD TRACTOR 5600 Taylor Tiger Mower 615A1s.40 Ford 5600 - Mower Roadside Maintainer$15,431.'0 VALLEY EQUIPMENT CO. Tractor J.O. 401B-M.W.KK - 60 Mower $15,064110 • s �w U1 Cllr Ur LULN mina ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: December 13, 1978 SUBJECT: MITCHELL LAKE ESTATES PROPOSAL: The Developer, COR Investment Company, is requesting final plat • approval of Mitchell Lake Estates, formerly known as COR Development. The plat consists of 23 lots intended for double family use (RM 6.5), 1 lot • (Lot 13, Block 2) intended for office use (Office), 1 lot (Lot 12, Block 1) intended for multi-family use (to be rezoned at a latter date). The plat is located north of T.H. 5 and west of Co. Rd. 4 in Sections 8 and 17. er Council WISTOlution #7: The 8-25.miRRezoningttoas RMa6.5 for 4.8 duplex units on May 16, 1978, and to Office�� District for 1 office lot was finally read and approved per Ordinances 78-•09 and 78-10 respectively on June 20. 1978. The final plat now submitted for approval conforms with the approved pre- liminary plat and exhibits approved in the Development Agreement dated June 20, 1978. VARIANCES: No variances required fur this plat. UTILITIES AND STREETS: All municipal utilities and streets will be installed by the developer in conformance with City of Eden Prairie specifications and the requirements of the Development Agreement. The cost of street signs and first year installation aid maintenance of street lighting will be paid for by the developer. A cash deposit of $393.60 will be required upon release of the final plat to cover street lighting costs. • PARK DEDICATION: Requirements for park dedication are contained in the Develop- ment Agreement. BONDING: Requirements for bonding are contained in the Development Agreement RECOMMENDATION: Recommend approval of the final plat of Mitchell Lake Estates, subject to the requirements of this report and the following: • 1. Satisfaction of bonding requirements. 2. Receipt of necessary documents for scenic easement dedication requirements, to be approved by the City Attorney. • 3. Receipt of cash deposit for street lighting in the amount of $393.60. 4. Receipt of fee for City Engineering services in the amount of $1900. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 76-230 • A RESOLUTION APPROVING FINAL PLAT OF MITCHELL LAKE ESTATES WHEREAS, the plat of Mitchell Lake Estates has been sorb- Mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota.Statutes and all proceedings have been 'duly had thereunder, and WHEREAS, said plat is in all respects consistent with the.City plan and the regulations and requirements of the laws of the State of,Minnesota and ordin- arm** of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF '"::EDEN PRAIRIE: A. Plat Approval Request for Mitchell Lake Estates is.ePProored upon compliance with the recommendation of the City Engineer's Report on this plat dated Der:13,. B. Variance i•s herein granted from City Ordinance No. 93 Sep- Ra Subd. 1 waiving the six month maximum-.time elapse between the approval date of the preliminary plat and filing Of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified rc+py of this resolution in the office of the Register of Deed andJor jbxs trar of Titles for thier use as required by°MSA 462.3 $, Subd , D. That the City Clerk Is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon corm" pliance with the foregoing provisions. ADOPTED by the City Council on Idol fgang H. 'hail. Moor • ATTEST: SEAL • japn . cane, C er 1 • • • MEMO • TO: Mayor Penzel and.Members bf the City Coratril • THROUGH: Roger Ulstad, City Manager Carl Jullie, City Engineer • -DATE: December 14, 1978 SUBJT CT: Change Order 81, 1.C. 51-320 Eden Road Sanitary Sewer Project During the course of constructing the sanitary sir aiiin Eden Read, it;br, e necessary to adjust the elevation of an existing a sewer'pipe or er to provide proper clearance for the 9anitarl+ ewer Mine "I prices ------',7",-71:"4:-7-11t3iV8O:on the change order are in line with:eurrentegwripalent ,entaT and materials prices per RCM, consultfng n9 ert9"i 1 rs for thin . ange order amount of $3*906.30 is 3.9%oT-the-contract unt-Of S99,1 1.3i = �?a elutapproval of Change Order.1 Gs.81.110,:an 080Mint tg,,t? •e � tractor therefore in the amount of $3,906.30. . `kh Aa•chment • • CHANGE ORDER • ND. 1 GATED 12-8-78 PROJECT: Eden Road Sanitary Sewer ENGINEER'S PROJECT NO. 78101 • OWNER: City of Eden Prairie CONTRACT DATE: 8474-78 OWNER'S PROJECT NO. I.C. 51-320 TO: Northdale Construction Co. , CONTRACTOR You ARE DIRECTED TO MAKE THE CHANCES NOTED BELOW IN THE SUBJECT CONTRACT: • OWNER: City of Eden Prairie DY: • DATE: NATURE OP THE CHANGE: Lower existing 24" storm sewer whichrconflicts with proposed grade for 10" sanitary Sewer between inplace manhole and Manhole #1 . Construct 10" sanitary sewer over Storm sewer of ductile iron pipe. ENCLosumeSI Contractor's invoice for labor, equipment and materials. THE CHANGES RESULT IN THE FOLLOHIND ADJUSTMENT OF CONTRACT PRICE AND TIME: CONTRACT PRICE PRIOR TO THIS CHANGE ORDER $ 95,275.00 NET (INCREASE) ffEIQ(#WKW RESULTING FROM THIS CHANGE ORDER 5 3,906.30 CURRENT CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 99,181.30 CONTRACT TIME PRIOR TO THIS ORDER CALENDAR NET (INCREASE) (DECREASE) RESULTING FROM THIS CHANCE ORDER NO change 'CALENDAR DAVU CURRENT CONTRACT TIME INCLUDING THIS CHANGE ORDER CALENDAR DAY( THE ABOVE ANGES ARE APPROVED: THE ABOVE CHANGES ARE ACCEPTED: RIEKE CARR L MULLER ASSOCIATES, INC. NORTHDALE CONSTRUCTION COMPANY ENGIN ER CONTRACTOR BY: GATE: • 3011 rthdale Construction Co.Inc. 9955 89th Avenue North N 1 ,8 g OSSEO,MINNESOTA 55369 F.; r-T T r (612) 425.3434 +;�s--- 44.78 C M Associates • �� NOV 1_01978 Eden Prairie Zinprovement 1011 let Street So. Pleb•-E!tlul•r'iGilE A Project 51-320 --..-. _.__ Dot-1Sfl He • , ........ Ro:pidne, Mn. 55343 wk'ns• MinnLlinra 1. �y� yy /Atnt Maynard •4411'i'A��a4'•t.A•*.071!ol q•.• I"'may' 's.a.e.rows •:... DESCRIPTION UNIT PRICE YCTAL oncretg.._....^_. _._.. _... 17'49 . Id .48 • Manhole base slab .,_.• - .- 6S. Nanhole _ •_ •, _. 1. : s__-___V Reefs__.._..._ .... . . .. OL .hnnra - 45.Cet_badchoe--- -- - '91 hours.._ _-_95p_Loader _ 21,(' ( 2 es sr _k0" PIP_to PVC rubber adapters ,3. .50 p 914.hour.*�. Crpy_of 7_men._ ,._. . ... 130: 1 Total due .._ 31`9 Cl • • ORIGINAL V I'IQttrenje t► • ... a... _ ... ,_....__.._.. ._...._�........... _ `. '.�.. , December 19, 1978 • STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 12-01-78 ?2433 RAY MITCHELL Conference expenses-Fire dept. 52.33 2434 SCOTT ANDERSON Fire call service 36.00 2435 CURTIS BERGQUEST " 594.00 • 2436 LANCE BRACE is " " 302.00 2437 BRUCE BREN " is is 270.00 2438 RONALD BURKE " 436.00 2439 DUANE CABLE 312.00 2440 JAMES CLARK " " 352.00 2441 SPENCER L. CONRAD " 322.00 2442 WALLACE CONRAD is 138.00 2443 LARRY 00IG n n 446.00 n 2444 JACK HACKING " " " 512.00 2446 FREDRICK HAFFNER " " " 606•Q0 2446 JOHN T. HOBBS n n 168.00 2447 JOHN J. HOBBS " " " 504.00 2448 GENE JACOBSONII " si1,050.00 2449 DUANE JOHNSON " 322.00 2450 RONALD JOHNSON 404.00 " " " 2451 MARVIN LAHTI is " 0 292.00 2452 M. E. LANE, JR. " " 300.00 2453 ROBERT LISTIAK 470.00 2454 LOWELL LUND " 692.00 2455 JAMES MATSON n " " 410.00 2456 RAY MITCHELL 1,482.00 2457 THOMAS MONTGOMERY " " 372.00 2458 BERNARD NEUMANN " 260.00 2459 CURTIS OBERLANDER " II II 770.00 2460 MARTIN PAULSEN 308•Q0 2461 DOUGLAS PLEHAL 730.00 2462 JEROLD PRODOEHL 460.00 2463 STANLEY RIEGERT 0 " 796.00 2464 NORBERT ROGERS " 610.00 2465 MICHAEL ROGERS " is 240.00 2466 EUGENE RUUD is42.00 2467 CHARLES SCHAITBERGER " " is616.00 2468 HARVEY SCHMIDT is 0 222.00 2469 GERALD M. SCHWANKL " " " 722.00 2470 JOHN SKRANKA 558.00 2471 EUGENE SPANDE " 282.00 2472 VERNON T. STEPPE a U 0 482.00 2473 BURTON L. SUTTON 592.00 2474 STEPHEN WHITE " " " 462.00 2475 MARILYN MITCHELL Record keeping services-Fire dept. 200.00 December 19, 1978 12-15-78 2522 CENTURY FENCE COMPANY Chain link fence-Park dept. A~0 119.50 2523 CARGILL Salt 294.61 2524 CLUTCH & U-JOINT Equipment repair service 30.80 2525 COPY EQUIPMENT Supplies-Park Planning dept. 8.14 2526 CASH REGISTER SALES, INC. Cash register tape-Liquor store 141.74 2527 DICKEY, KODET ARCHITECTS Services-Fire building bond 1,515.20 2528 CHANHASSEN AUTO PARTS Equipment parts 277.41 2529 DALCO Cleaning supplies-Water dept. 312.77 2530 ROGER DANIELSKI Reimbursement for gasoline 17.25 2531 EDEN PRAIRIE NEWS November ads 159.54 2532 ELECTRIC SERVICE CO. Repair equipment on Well House #2 686.50 2533 EDEN PRAIRIE SCHOOL Gasoline 1,035.16 . 2534 FLAHERTY EQUIPMENT CORP. Equipment repair service 40.80 2535 G. L. CONTRACTING Repair service-Water dept. 548.96 2536 GLOBAL EQUIPMENT CO. Rubber matting-Water dept. 434.67 2537 GENERAL COMIUNICATIONS Radio repairs-Fire dept. 156.10 2538 GUY'S AUTO SUPPLY Equipment repairs 86.64 2539 ERIC HAGEN Packet deliveries 140.0D 2540 JACK HACKING • Expenses 20.01 2541 HENNEPIN COUNTY Portable radios-Fire dept. 228.0D 2542 HOPKINS PARTS CO. Equipment parts 14.76 2543 HOPKINS DODGE SALES Equipment parts and repairs 1,157.53 2544 INTERNATIONAL BUSINESS MACHINES Office supplies 236.28 2545 JAMES JENSEN Expenses-Park Planning dept. 62.53 2546 ELIZABETH JOHNSON November services 463.18 2547 KARULF HARDWARE Supplies-Fire dept. account 46.53 2548 KARULF HARDWARE Supplies 707.08 2549 KRAEMERS HARDWARE Supplies 194.74 2550 EDWARD LANDES Refund on basketball registration 1.50 2551 ROBERT LAMBERT November expenses 1D0.0O 2552 ALLEN LARSON Mileage-Public Safety dept. 37.35 2553 LANG AND PAULY Legal services 6,416.70 2554 LAYNE MINNESOTA CO. Supplies-Water dept. 15.74 2555 LUND PAINT Carpet-Liquor store 1,376.80 2556 ROBERT MARTZ December expenses 105.50 2557 MEDCENTER HEALTH PLAN December insurance 958.73 2558 MATT'S AUTO SERVICE Towing service 25.00 2559 MAYVIEW RADIO Radio repairs 392.40 2560 MINNESOTA EHA Dues-Wally Johnson 30.00 2561 MINNESOTA WANNER CO. Hose reels-Fire dept. bond 798.00 2562 MEDICAL OXYGEN Oxygen-Fire dept. 37.40 2563 W.P. & R.S. MARS CO. Tow chain-City garage 210.00 2564 MINNEAPOLIS STAR Ads 92.82 2565 MIDWEST ASPHALT CORP. Asphalt 694.48 2566 NORTHWESTERN NATIONAL 604,691.70 BANK Bond payment 2567 NORTHWESTERN BELL Services 6.85 2568 INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS Dues-Wally Johnson 20.00 2569 NORTHERN STATES POWER Underground service-Fire station 115.00 2570 NORTHERN STATES POWER Underground service-Timber Lakes add. 725.00 (paid by contractor) 2571 NORTHERN STATES POWER Services 226.706.70 2572 NORTHWESTERN BELL Services December 19, 1978 12-01-78 2476 ED PHILLIPS Liquor 2,754.46 2477 INTERCONTINENTAL PACKAGING CO. Wine 279.96 2478 GRIGGS, COOPER & CO. Liquor 496.94 2479 MINNESOTA DISTILLERS Liquor 1,470.02 2480 QUALITY WINE CO. Wine 30.50 2481 CAPITOL CITY DISTRIBUTING Wine 22.00 2482 JOHNSON BROTHERS Beer 1,493.43 2483 SUPER AMERICA Gasoline 7.75 2484 LA BELLE'S Supplies-Community Services dept. 49.47 2485 PRAIRIE VILLAGE MALL ASSN. Rent-Liquor store 1,783.63 2486 PETTY CASH Supplies-City Hal1 74.05 2487 VOID CHECK 2488 HOPKINS POSTMASTER Postage for utility bills 116.40 2489 ELAINE LUCHANSKY Refund-Community services dept. 7.00 2490 METROPOLITAN WASTE CONTROL COMMISSION November SAC charges 64,993.50 2491 STATE OF MINNESOTA November sales tax report 2,247.13 2492 SUPER AMERICA Gasoline 5.60 2493 CONDON-NAEGELE REALTY Contract payment 85,590.00 10051 VOID CHECK (85,590.00) 2494 LABELLE'S Calculator-Community services dept. 79.87 2495 QUALITY WINE CO. Wine 1,276.50 2496 TWIN CITY WINE CO. Wine 267.10 2497 ED PHILLIPS & SONS Liquor 1,330.70 2498 INTERCONTINENTAL PACKAGING CO. Wine 459.61 2499 OLD PEORIA CO., INC. Liquor 807.67 2500 JOHNSON BROTHERS Liquor 1,252.27 2501 GRIGGS, COOPER & CO. Liquor 793.30 2502 MINNESOTA WINE MERCHANTS Wine 32.00 2503 EAGLE DISTRIBUTING Liquor and wine 730.58 2504 MIDWEST WINE CO. Wine 1,132.17 2505 MINNESOTA DISTILLERS, INC. Liquor 1,167.89 2506 VOID CHECK 2507 EDEN PRAIRIE FIRE DEPT. 1978 Firetown settlement 16,737.31 12-15-78 2508 EARL ANDERSEN Street signs 721.60 2509 APIERICAN NATIONAL BANK Bond payment 324,659.61 2510 AQUATROL CORPORATION Repair service-Water dept. 538.96 2511 ADVANCE AMBULANCE Blanket-Fire dept. 18.41 2512 ARROWHEAD BEARING, INC. Equipment parts 100.50 2513 AKINS FIRE EQUIPMENT Protection clothing-Fire dept. 623.05 2514 A & H WELDING Equipment parts 13.24 2515 ARTEKA, INC. Trees-screening school addition 847.00 2516 BATTERY AND TIRE WAREHOUSE Equipment parts 180,99 2517 LONDON BROKERS Tree service claim-Tree Disease dept. 30.00 2518 BLUE CROSS INSURANCE December insurance 362.42 2519 BLOOMINGTON CHRYSLER Equipment parts 62.46 2520 BUSINESS FURNITURE File cabinets-City Hall 1,254.68 2521 JOHN CONLEY National regestry of emergency medical technicians 15.00 3015 5-78 2573 OSWALD FIRE HOSE Hose-Fire dept. bond 3,142.00 2574 PHYSICIANS HEALTH PLAN December insurance 3.940.50 2575 PRINTERS SERVICE. INC. Supplies-Park Plaint. 20.00 2576 BECKI QUERNEt10EN Expenses-General services & Water dept. 24.00 2577 RILEY-PURGATORY CREEK WATERSHED • Services-Round Lake study 6,524.87 2578 PAUL ROGERS Discing for Park dept. 255.00 2579 DON STREICHER GUNS Ammunition-Public Safety dept. 53.25 2580 W. E. NEAL SLATE CO. Material-Fire bond 761.00 2581 GORDON SMITH CO. Parts and gasoline 127.64 2582 TOWN'S EDGE FORD Repair services 113.29 2583 TRI STATE MACHINERY CO. Bobcat rental-Metro trails Bryant Lake Park grant 800.00 2584 UNIFORMS UNLIMITED Uniforms-Public Safety and Fire dept. 255.26 2585 GRAHAM PAPER Copy paper 191.10 2586 WESTERN LIFE INSURANCE December insurance 328.70 2587 SANDRA WERTS November expenses 27.78 2588 LORN WOLSKY Gym supervisor-Community services 78.75 2589 WESCO Repairs-Water dept. (billed to N.S.P.) 1,334.27 2590 XEROX CORPORATION Services 301.30 2591 ZECO COMPANY Supplies-Street Maint. 42.12 2592 ZIEGLER, INC. Equipment parts 11.88 2593 TONY FIORENTINO Reimbursement for fire arm safety films 7.96 2594 CHRIS KOSHENINA Refund-Community services dept. 2.50 2595 METRO PRINTING Fall program brochure-Community services 372.00 2596 MINNESOTA STATE TREASURER Firearm safety certificates 80.00 2597 WANDA MARTENS Volleyball clinic 12.00 2598 STUART FOX Mileage-Tree Disease dept. 55.95 2599 LYNN NORSTAD Mileage-Finance dept. 3.00 2600 WARD DAHLBERG Expenses-Liquor store 29.61 2601 DHvii C. SHAW Dues-Stuart Fox 5.00 2602 PUBLIC EMPLOYEES Employees withheld and employers RETIREMENT ASSN. contribution 12-8 payroll 6,183.37 2603 FEDERAL RESERVE BANK Taxes withheld 7,655.92 2604 UNITED WAY Donations withheld 27.12 2605 ' BRAUN ENGINEERING Services-Crosstown Ind. Park 823.25 2606 BRAUER & ASSOCIATES Service-Scenic Heights Upgrading 2,944.75 2607 RIEKE-CARROLL-MULLER Services-Eden View I; Well Pumphouse ASSOCIATES, INC. 03; St&Wtr. Country Vista; Norseman Park; Swr&Wtr trunk Round Lake area; • Crosstown Ind. Park; and Super Value Sewer - 12,422.24 2608 NORTHDALE CONSTRUCTION Est. No. 3-Amco on TH169 6,059.79 2609 RICHARD KNUTSON Est. No. 4-Street Imp Nygren Est. 2,345.53 2610 NODLAND ASSOCIATES Est. No. 1-Swr&Wtr Tr. Round Lake 24,650.10 2611 G. L. CONTRACTING Est. No. 5-Well Pumphouse 13 18,485.46 2612 A & K CONSTRUCTION Est. No. 3-Well Pumphouse 13 13.907.48 2613 JOHNSON BROTHERS CORP. Est. No. 8-Eden View I 13,199.97 2614 MCNAMARA-VIVANT CONST. Est. No. 7 FINAL-Scenic Heights Upgrading 45,336.15 2615 PROGRESSIVE CONSTRCTORS Est. No.• 12-TH169-494 21,641.45 2616 NATIONAL CITY BANK (IF MPLS.Bond payment 144,672.36 2617 NORTHDALE CONSTRUCTION Est. No. 7-Eden Road 7,053.04 2618 HOPKINS POSTMASTER Winter Outing Brochure 398.92 2619 ARTEKA 1977 Reforestation 5,202.75 2620 JOHN FRANE December Expenses 113.38 t 2621, ED SORENSON Expenses 13.47 1,428,851.37 . AI)ic0 I • • TO: Mayor & Council THRU: Roger Ulstad FROM: Jahn Frane DATE: December 14, 1978 Re; Adjustments to the 1978 Budget — The following budget adjustments should be made in order to balance program expenditures with amounts originally budgeted for 1978. .i' City Manager (2,000) Corporation Council 20,800 Health (1,000) Legal Publications 2,000 Logis (2,000) Work Comp. Insurance 18,000 Liability Insurance 16,000 . Engineering (6,000) Assessing 5,000 Legal - Criminal 10,000 Equipment Parts 4,000 Street Maintenance ,?i _O__OP1 51,800 The General Fund Balance on 1/1/78 was 240,480 (1 1. Less: Amounts appropriated to the 1978 budget 21.700 add: 1978 Budget; excess of revenue over expenditures including the above adjustments 120,000 Estimated Fund Balance 12/31/78 118,780